Abrahamson, Gloria v. Colvin, Carolyn

Filing 20

ORDER granting 17 Motion for Attorney Fees under 42 U.S.C. § 406(b)(1) in the amount of $6,559.00. Signed by District Judge William M. Conley on 10/19/2020. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

GLORIA ABRAHAMSON,
Plaintiff,

ORDER

v.

16-cvB699-wmc

ANDREW SAUL,
Commissioner of Social Security,
Defendant.

On March 15, 2019, the court issued an order and judgment remanding this case
to the commissioner for further proceedings under sentence four of 42 U.S.C. ' 405(g)
pursuant to stipulation of the parties. Judgment was also entered on March 15, 2019.
Now before the court is plaintiff Gloria Abrahamson’s attorney’s petition for fees pursuant
to § 406(b)(1) in the amount of $6,559.00. (Dkt. #17.) Defendant does not object to
this motion. (Dkt. #19.)

Fees under 42 U.S.C. ' 406
As part of its judgment, a court may allow “a reasonable fee . . . not in excess of 25
percent of the . . . past-due benefits” awarded to the claimant. § 406(b)(1)(A). The fee
is payable “out of, and not in addition to, the amount of [the] past-due benefits.” Id.
Counsel asks the court to approve an attorney fee award in the amount of $6,559.00,
which represents 25 percent of what was awarded to plaintiff in past-due benefits. Having
considered the supporting materials filed by plaintiff's attorney, and hearing no objection

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from plaintiff or defendant, the court will grant the motion. The fees requested by counsel
are reasonable in light of the time he and members of his firm spent on this case and the
favorable result he obtained for plaintiff while working on a contingency basis.

ORDER
IT IS ORDERED that counsel’s motion for attorney fees under 42 U.S.C.
§ 406(b)(1) in the amount of $6,559.00 (dkt. #17) is GRANTED.
Entered this 19th day of October, 2020.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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