Opinion
6:19-cv-00055-HZ
03-24-2022
TINA C., Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant.
ORDER
MARCO A. HERNÁNDEZ UNITED STATES DISTRICT JUDGE
Plaintiff Tina C. brought this action seeking review of the Commissioner's final decision to deny Disability Insurance Benefits. On April 3, 2020, the Court reversed the Commissioner's decision and ordered that the case be remanded for additional proceedings. Order, ECF 18. Judgment was also entered on April 3, 2020. ECF 19. On January 30, 2022, Plaintiff's counsel received notice of Plaintiff's award for benefits. Pl. Mot. Ex. 1, ECF 23-1.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Pl. Mot., ECF 23. Defendant has no objection to the request. Id. The Court has reviewed the record in the case, the motion, and the supporting materials including the award of benefits, the fee agreement with counsel, and the recitation of counsel's hours and services. Applying the standards set by Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002), the Court finds the requested fees reasonable.
The Court GRANTS the motion [23] and awards Plaintiffs counsel $20,717.53 in attorney's fees under 42 U.S.C. § 406(b). When issuing the section 406(b) check for payment to Plaintiffs attorney, the Commissioner is directed to subtract the amount previously received under EAJA and send Plaintiffs attorney the balance of $10,455.03 less any applicable processing fees as allowed by statute. Any amount withheld after all administrative and court attorney's fees are paid should be released to Plaintiff.
IT IS SO ORDERED.