Opinion
Civil Action 5:21-cv-00794-KDW
01-29-2024
MARK E. MCDUFFIE, Plaintiff, v. MARTIN O'MALLEY,[1] Commissioner of Social Security, Defendant.
ORDER
Kaymani D. West, United States Magistrate Judge.
Plaintiff Mark E. McDuffie brought this action to obtain judicial review of a final decision of Defendant Acting Commissioner of Social Security regarding Plaintiff's claims for disability insurance benefits. See 42 U.S.C. § 405(g). On December 15, 2021, the court remanded the Commissioner's decision pursuant to sentence four of § 405(g) for further administrative proceedings. On remand, an administrative law judge issued a fully favorable decision dated January 10, 2023. See ECF No. 34-2 at 6.
This matter now is before the court on Plaintiff's Motion for Attorney's Fees, ECF No. 34, filed on December 21, 2023, for requested fees in the amount of $14,439.50, representing 25% of Guenther's past due benefits, under the Social Security Act, 42 U.S.C. § 406(b), less the amount paid to Plaintiff's attorney pursuant to the Equal Access to Justice Act. The Plaintiff's attorney has been granted fees by this Court in the amount of $7,750.00, under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. The Commissioner has not filed a response to Plaintiff's Motion.
In the United States Supreme Court case of Gisbrecht v. Barnhart, 535 U.S. 780 (2002), the Court held that the provision of the Social Security Act limiting attorney fees to 25% of past-due benefits does not displace contingent-fee agreements that are within such statutory ceiling and instructs courts to review for reasonableness fees yielded by such agreements. In addition, if the claimant has been awarded attorney fees under EAJA, the claimant's attorney must refund the lesser of the two fees to the claimant. Id. at 796.
Plaintiff's counsel requests a net total amount of $6,689.50, representing the amount of $14,439.50, less the $7,750.00 paid to Plaintiff's attorney under the EAJA. Upon review of the materials submitted to the Court, the undersigned finds that Plaintiff counsel's request for attorney fees, $14,439.50, is reasonable and grants Plaintiff's Motion, ECF No. 34. Plaintiff's attorney must refund to Plaintiff the EAJA award of $7,750.00. Therefore, it is ordered that the Plaintiff's attorney may collect a fee of 25% of Plaintiff's past due benefits, less the amount paid to Plaintiff's attorney in the amount of $7,750.00 under the EAJA, for a net total of $6,689.50.
IT IS SO ORDERED.