Opinion
Case No. 3:11 cv00182
12-31-2013
JEROME S. CAPPS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington
DECISION AND ENTRY
This case is before the Court upon the Motion and Memorandum For Allowance Of Attorney Fees filed by Plaintiff's attorney (Doc. #s 19, 20) and the Acting Commissioner's Response (Doc. #21).
Plaintiff's counsel seeks an award of attorney fees under 42U.S.C. §406(b) in the total amount of $11,300.00. (Doc. #20, PageID at 904). Plaintiff's counsel states that the requested amount of attorney fees is "less than 25% of the retroactive benefits awarded to the Plaintiff payable under §406(b)." Id. Counsel further states, "Upon receipt of this sum [$11,300.00], counsel for Plaintiff will remit the EAJA fee of $5,650.00 directly to Plaintiff." (Doc. #20, PageID at 904). The Acting Commissioner "does not oppose Plaintiff's attorney's request that this Court order payment of $11,300.00, given counsel's promise to remit the amount of the EAJA fee award to Plaintiff." (Doc. #21, PageID at 907).
In the absence of opposition by the Acting Commissioner, the Motion, Memorandum, and supporting materials filed by Plaintiff's counsel establish that 25% of the past due benefits awarded to Plaintiff is $19,083.48. Consequently, the amount of attorney fees counsel seeks - $11,300.00 - is reasonable as it is well under the statutory limit set by 42 U.S.C. §406(b).
Accordingly, the Court hereby ORDERS that:
1. The Motion For Allowance Of Attorney Fees (Doc. #19) is GRANTED;
2. The Commissioner shall pay Plaintiff's attorney fees from Plaintiff's past-due benefits, pursuant to 42 U.S.C. §406(b), in the amount of $11,300.00;
3. Upon receipt of the fee award of $11,300.00, Plaintiff's counsel shall forthwith remit the EAJA fee of $5,650.00 directly to Plaintiff; and
3. The case remains terminated on the docket of this Court.
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Walter Herbert Rice
United States District Judge