Scherer v. Colvin

Filing 20

ORDER granting 19 Motion for Attorney Fees, signed by Chief Judge William C Griesbach on 08/31/2018. Plaintiffs counsel is entitled to attorney fees in the amount of $13,535.28, which represents 25 percent of Plaintiffs past-due benefits awarded by the Social Security Administration ($17,635.00), less $4,099.72 in attorneys fees that counsel received from this court previous award. (cc: all counsel) (Griesbach, William)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN BONNIE L. SCHERER, Plaintiff, Case No. 16-C-1421 v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER GRANTING STIPULATION FOR ATTORNEY’S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 Pursuant to 42 U.S.C. § 406(b) and the Fee Agreement entered into by Plaintiff and Counsel for Plaintiff, Plaintiff has filed an unopposed motion for approval of attorneys fees in the amount of $17,635.00, which is 25 percent of $70,540.00, which in turn is the total past-due benefits awarded to Plaintiff by the Social Security Administration. Counsel for Plaintiff states that Plaintiff is entitled to a refund from Counsel in the amount of $4,099.72 for payment of fees under the Equal Access to Justice Act (EAJA). Although the EAJA Award was originally for $7,600.60, $3,500.88 of the award was applied to an existing federal debt owed by the plaintiff, leaving $4,099.72 paid to Attorney Schultz. Based on Plaintiff’s submission, the Court concludes the award is reasonable. Plaintiff’s counsel is entitled to attorney fees in the amount of $13,535.28, which represents 25 percent of Plaintiff’s past-due benefits awarded by the Social Security Administration ($17,635.00), less $4,099.72 in attorneys’ fees that counsel received from this court previous award. SO ORDERED this 31st day of August, 2018. s/ William C. Griesbach William C. Griesbach, Chief Judge United States District Judge

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