Killmon v. Colvin

Filing 21

ORDER signed by Judge J.P. Stadtmueller on 7/17/2017 GRANTING 20 Plaintiff's Motion for Attorney Fees in the amount of $17,403.25. Commissioner DIRECTED to pay $8,270 from amount withheld for direct payment of attorney fees to Pla intiff's attorney Thomas E. Bush; Commissioner will hold remaining amount indicated to pay attorney fees for administrative representation once the fee is approved. EAJA fee refund of $2,115.41 to be credited to Plaintiff by applying it to the amount of attorney fees the SSA failed to withhold for direct payment from auxiliary benefits. See Order. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SCOTT E. KILLMON,
Plaintiff,

v.

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

Case No. 15-CV-1073-JPS-JPS

ORDER

Defendant.
On February 8, 2016, the Court remanded this case to the Social
Security Administration pursuant to the parties’ stipulation. (Docket #12,
#13, and #14). On April 6, 2016, the Court approved the parties’ stipulation
for Plaintiff’s attorneys’ fees incurred in this federal lawsuit. (Docket #19).
On July 14, 2017, Plaintiff’s attorneys filed an unopposed motion to obtain
the remainder of the fees they are owed, having secured a fully favorable
decision for their client, and resultant award of benefits, upon remand.
(Docket #20). The Court has reviewed the motion and its attachments, and
in light of the non-opposition by Defendant, (Docket #20 at 1), and Plaintiff
himself, (Docket #20-8), the Court will grant the motion in its entirety.
Accordingly,
IT IS ORDERED that that Plaintiff’s motion for attorney fees
(Docket #20) be and the same is hereby GRANTED in the amount of
$17,403.25;
IT IS FURTHER ORDERED that the Commissioner is directed to
pay $8,270 from the amount withheld for direct payment of attorney fees to
Plaintiff’s attorney Thomas E. Bush. After paying this amount, the

Commissioner will hold the remaining $10,000 to pay attorney fees for
administrative representation once the fee is approved; and
IT IS FURTHER ORDERED that the EAJA fee refund, $2,115.41,
shall be credited to Plaintiff by applying it to the amount of attorney fees
the Social Security Administration failed to withhold for direct payment
from auxiliary benefits, $3,133.25. It is noted that Attorney Bush is holding
$6,926.84 in his trust account. This amount represents a fee of $7,017.84 after
deduction of the $91 fee for direct payment.
Dated at Milwaukee, Wisconsin, this 17th day of July, 2017.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

Page 2 of 2