Opinion
CV-21-98-GF-BMM
06-17-2024
THOMAS GILBERT LEHOTSKY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
Brian Morris, Chief District Judge United States District Court
INTRODUCTION
Petitioner Eric Rasmusson (“Rasmusson”), counsel for Plaintiff Thomas Gilbert Lehotsky (“Lehotsky”), filed a motion to award attorney fees based on a contingency fee agreement pursuant to the Social Security Act § 206(b)(1) and 42 U.S.C. § 406(b)(1). (Doc. 24.) The Commissioner of Social Security (“the Commissioner”) takes no position on Rasmusson's motion. (Doc. 25.)
Rasmusson and Lehotsky entered into a contingency fee agreement whereby Rasmusson would receive a fee of 25% of the past due benefit awarded to Lehotsky if he was awarded benefits. (Doc. 24-2.) The Social Security Administration contacted Rasmusson and indicated that it is withholding $25,121.47, which represents 25% of Lehotsky's past due benefits. (Doc. 24-3.) Rasmusson previously received $8,249.00 in fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. (See Doc. 23.)
42 U.S.C. § 406(b)(1)(A) permits a court to approve a reasonable fee for representation before a court, but provides that such a fee is not to exceed 25% of the total of the past due benefits. The Court determines that Rasmusson's contingency fee of 25%, equaling $25,121.47, proves reasonable.
ORDER
Accordingly, IT IS ORDERED:
1. Rasmusson's motion to award attorney fees based on a contingency fee agreement pursuant to the Social Security Act § 206(b)(1) and 42 U.S.C. § 406(b)(1) is GRANTED. Rasmusson shall be awarded $25,121.47 in fees.
2. Rasmusson is ordered to refund Lehotsky the fees awarded pursuant to the EAJA, totaling $8,249.00, upon receipt of the $25,121.47 in fees.