Opinion
2:21-cv-436-NPM
03-12-2024
Robert E. Hayer, Plaintiff, v. Commissioner of Social Security, Defendant.
ORDER
NICHOLAS P. MIZEUL UNITED STATES MAGISTRATE JUDGE
Having obtained an award of benefits, Robert E. Hayer requests a fee award pursuant to 42 U.S.C. § 406(b). (Doc. 37). Section 406(b) allows an award of a reasonable fee-not to exceed twenty-five percent of the claimant's past-due benefits-for work performed before the court. And for the reasons stated in Hayer's motion, the requested fee award is reasonable.
Accordingly, the unopposed fee motion (Doc. 37) is GRANTED, and the clerk is directed to amend the judgment in favor of Hayer to include a fee award of $17,504.
Because Hayer's counsel previously retained the $7,879.32 in fees awarded to Hayer under the Equal Access to Justice Act (“EAJA”), they must refund the EAJA fees to Hayer.