Opinion
6:20-cv-01279-HZ
12-28-2022
JUSTIN H., Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant.
ORDER
MARCO A. HERNANDEZ UNITED STATES DISTRICT JUDGE
Plaintiff Justin H. brought this action seeking review of the Commissioner's final decision to deny Disability Insurance Benefits. On September 25, 2021, pursuant to the parties' stipulated motion, the Court reversed the Commissioner's decision and ordered that the case be remanded for additional proceedings. Order, ECF 21. Judgment was also entered on that date. J., ECF 22. On October 18, 2022, Plaintiff's counsel received notice of Plaintiff's award for benefits. Pl. Mot. Ex. A, ECF 26-1.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Pl. Mot., ECF 26. 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 [26] and awards Plaintiff's counsel $30,466.06 in attorney's fees under 42 U.S.C. § 406(b), less any applicable processing or user fees by statute. Any amount withheld after all administrative and court attorney's fees are paid should be released to Plaintiff.
IT IS SO ORDERED.