Raymark v. Colvin

Filing 27

ORDER signed by Judge J.P. Stadtmueller on 8/1/2017: GRANTING 25 Unopposed Motion for Attorney Fees and DIRECTING Commissioner to pay attorney's fees in the sum of $22,513.05 from amount withheld to Plaintiff's attorney Robert C. Angermeier. See Order. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BRUCE A. RAYMARK,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

Case No. 15-CV-25-JPS

ORDER

Defendant.
Plaintiff filed this case in January 2015 complaining of errors in the
decision of the Administrative Law Judge (“ALJ”) in proceedings before the
Social Security Administration (“SSA”) which resulted in a denial of
benefits. (Docket #1). The Commissioner moved to remand, and on October
26, 2015, the Court vacated the ALJ’s decision and remanded the case to the
SSA. (Docket #21). Plaintiff moved for an award of attorney’s fees pursuant
to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, and on
February 1, 2016, the Court granted $6,752.20 in attorney’s fees under the
EAJA. (Docket #24).
On remand, the SSA concluded that Plaintiff was entitled to pastdue disability benefits. (See Docket #26-2). Thereafter, on June 15, 2017,
Plaintiff’s counsel, Robert C. Angermeier, filed a motion for an award of
attorney’s fees to be paid out of the plaintiff’s past-due benefits, pursuant
to 42 U.S.C. § 406(b)(1). (Docket #25, #26). The Commissioner has not filed
an opposition to the plaintiff’s motion.
Section 206(b)(1) of the Social Security Act permits the Court to
award a reasonable fee for work before the Court not to exceed 25% of past-

due benefits to which the claimant is entitled by reason of a judgment
rendered in favor of the claimant. 42 U.S.C. § 406(b)(1). Here, Notices of
Award dated September 20, September 25, and December 21, 2016, state
that the SSA would pay Plaintiff and his family for past-due benefits but
that 25% of those awards would be withheld to pay attorney’s fees after any
such fees are approved. (Docket #26-2).
The motion for attorney’s fees asks this Court to approve the
payment to Plaintiff’s attorney of $22,513.05, which is 25% of the past-due
benefits awarded to Plaintiff and Plaintiff’s family, less the fees already paid
to Plaintiff’s attorney. (Docket #26 at 1-2). In support of the motion,
Plaintiff’s attorney has provided the contract signed by Plaintiff that
expressly calls for a 25% total fee for representation before the Court and
before the agency, as well as a statement in which Plaintiff explains that he
supports his attorney receiving the full requested fee of $22,513.05. (Docket
#26-1, #26-3).
Pursuant to the Seventh Circuit’s teaching in McGuire v. Sullivan, 873
F.2d 974 (7th Cir. 1989), and in light of the lack of any opposition on this
issue, the Court finds that the fees incurred by counsel are both reasonable
and proper under 42 U.S.C. § 406(b)(1).
Accordingly,
IT IS ORDERED that the unopposed motion for attorney’s fees
(Docket #25) filed by Plaintiff’s counsel be and the same is hereby
GRANTED; the Commissioner is directed to pay $22,513.05 from the
amount withheld for direct payment of attorney’s fees to Plaintiff’s counsel,
Attorney Robert C. Angermeier.

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Dated at Milwaukee, Wisconsin, this 1st day of August, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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