Opinion
No. CV-09-621-PHX-DGC.
March 24, 2011
ORDER
On January 15, 2010, the Court reversed Defendant's decision denying social security benefits to Plaintiff. Doc. 32. On remand, Defendant awarded Plaintiff $55,996 in past-due benefits, withholding 25 percent of that amount — $13,999 — for the payment of potential attorney's fees. Doc. 43-1.
Plaintiff's counsel, Mark Caldwell, has filed a motion for award of attorney's fees under 42 U.S.C. § 406(b). Doc. 42. Defendant does not oppose the motion. Doc. 44. The requested fee award of $13,999 is consistent with the contingent fee agreement between Plaintiff and Mr. Caldwell (Doc. 43-2), and is reasonable in that it represents an hourly rate of $358. See Gisbrecht v. Barnhart, 535 U.S. 789 (2002).
IT IS THEREFORE ORDERED:
1. The motion for award of attorney's fees (Doc. 42) is granted pursuant to 42 U.S.C. § 406(b).
2. Mark Caldwell, counsel for Plaintiff, is awarded $13,999.00 in attorney's fees, to be paid out of the sums withheld by Defendant from Plaintiff's past-due benefits.
3. Mr. Caldwell shall, after receipt of the award under 42 U.S.C. § 406(b), refund to Plaintiff the $6,734.58 previously awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412. Doc. 41.