Opinion
Civil Action 7:10-CV-138 (HL)
02-04-2013
ORDER
This case is before the Court on Plaintiff's Motion for Attorney's Fees Under the Social Security Act (Doc. 20).
Plaintiff seeks an attorney's fee award under 42 U.S.C. § 406(b)(1) in the amount of $12,361. Plaintiff's counsel acknowledges that he will be required to refund to Plaintiff previously awarded fees under the Equal Access to Justice Act ("EAJA") in the amount of $4,739.46. The Commissioner does not object to the § 406(b)(1) fee request subject to the EAJA refund. Accordingly, the Motion for Attorney's Fees is granted. Plaintiff shall receive $12,361 in attorney's fees to be paid out of Plaintiff's past-due benefits award. Plaintiff's counsel is directed to refund $4,739.46 to Plaintiff.
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HUGH LAWSON , SENIOR JUDGE
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