Krusec, Gregory v. Berryhill, Nancy

Filing 51

OPINION and ORDER granting Motion for Release of Funds. Attorney Brown may have until June 30, 2022, to submit a fee petition to the agency. If Brown does not file a petition by that date, the agency may release the remaining funds. Signed by District Judge James D. Peterson on 6/3/2022. (kwf)

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

GREGORY P. KRUSEC,
Plaintiff,
v.

OPINION and ORDER
15-cv-498-jdp

KILOLO KIJAKAZI,
Acting Commissioner of
Social Security,1
Defendant.
Attorney Jim Brown, counsel for claimant Greg Krusec, had until May 30, 2022, to file
a motion for attorney fees under 42 U.S.C. § 406(b) for his work in this case before this court.
Dkt. 24. Brown now says that he will not request attorney fees for his work in this court;
instead, he will file a fee petition with the Social Security Administration for work he performed
at the agency level pursuant to § 406(a). Dkt. 25.
In an order in another case, Krusec v. Kijakazi, No. 18-cv-120-jdp (W.D. Wis), the court
ordered the agency to continue withholding a portion of Krusec’s benefit award reserved for
attorney fees until Brown filed his motion for attorney fees in this case. See Krusec, No. 18-cv120-jdp, at Dkt. 50.2 Brown now asks the court to order the agency to continue withholding
those funds so that he can file a fee petition with the agency. Dkt. 25. The motion will be
granted. The size of Brown’s fee for his work at the administrative level is a matter reserved for
the agency. See 42 U.S.C. § 406(a)(1). But the court discerns no harm in ordering the agency

1

The court has updated the caption pursuant to Federal Rule of Civil Procedure 25(d).

2

The order was also docketed in this case, at Dkt. 20.

to continue withholding the remaining funds until the agency has processed Brown’s fee
petition, and it will be simpler for Brown to seek 406(a) fees directly from the agency as
opposed to the claimant. If Brown does not file a petition by the date below, the agency may
release the remaining funds to Krusec.

ORDER
IT IS ORDERED that:
1. Claimant’s attorney’s motion to continue reserving the remaining balance of the
withheld fees, Dkt. 25, is GRANTED. Attorney Brown may have until June 30,
2022, to submit a fee petition to the agency. If Brown does not file a petition by
that date, the agency may release the remaining funds.
2. The clerk of court is directed to docket this order in case No. 18-cv-120-jdp.
Entered June 2, 2022.

BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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