McNaught, Richard v. Colvin, Carolyn

Filing 29

ORDER granting 27 Motion for Modification or Amendment to the Court's Order Regarding Attorney Fees. Signed by District Judge Barbara B. Crabb on 12/11/17. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RICHARD MCNAUGHT,
ORDER
Plaintiff,
15-cv-526-bbc
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On October 12, 2017, I entered an order under 42 U.S.C. § 406(b), granting
$7,330.00 in fees to plaintiff Richard McNaught’s attorney, Dana Duncan, from plaintiff’s
past due benefits. I also ordered release to plaintiff of the remaining portion of the statutory
fee ($10,881.25) that had been withheld by the Acting Commissioner.
Plaintiff’s counsel has filed an unopposed motion to modify the October 12 order to
permit him to seek the remaining portion of the statutory fees from the administrative
agency. As counsel points out, I reduced his requested fees in part because he had included
time spent at the administrative level. I agree with counsel that he should be permitted to
seek such fees at the agency level and that the administrative law judge could determine
whether to release any remaining statutory fee to plaintiff. Accordingly, I will grant the
motion.

1

ORDER
IT IS ORDERED that Dana Duncan’s motion to modify the October 12, 2017 order,
dkt. #27, is GRANTED. The Acting Commissioner shall hold the remaining portion of the
statutory fee ($10,881.25) pending the outcome of Duncan’s request for fees submitted to
the administrative law judge.
Entered this 11th day of December 2017.
BY THE COURT:
/s/
____________________
BARBARA B. CRABB
District Judge

2