Opinion
Case No. 3:08cv00115.
September 1, 2010
DECISION AND ORDER
This case was previously remanded to the Social Security Administration for further consideration. (Doc. #s 11, 12). The case is now before the Court upon the Motion For Allowance Of Attorney Fees Pursuant to 42 U.S.C. § 406(b)(1) by Plaintiff's counsel. (Doc. #17). The Commissioner does not object to the Motion. Id. at 102. Counsel presently seeks an Order approving, under § 406(b)(1), attorney fees in the amount of $10,487.75. But Plaintiff's counsel is also requesting that "she be paid only an additional $7,087.75 . . ." in attorney fees due to a prior award of $3,400.00 in attorney fees under the Equal Access to Justice Act. (Doc. #17 at 102-03).
In the absence of opposition by the Commissioner, counsel's Motion and supporting Exhibits establish that approval of $10,487.75 in attorney fees is warranted, as is an Order requiring payment of the reduced amount of attorney fees — $7,087.75 — she seeks.
Accordingly, the Court hereby ORDERS that:
1. The Motion For Authorization of Attorney Fees Pursuant to 42 U.S.C. § 406(b)(1) (Doc. #17) is GRANTED;
2. An award of Plaintiff's attorney fees in the amount of $10,487.75 is approved, and the Commissioner is directed to remit a reduced amount — $7,087.75 — to Plaintiff's counsel; and
3. The case remains terminated on the docket of this Court.
September 1, 2010.