Opinion
6:16-cv-137-LHP
10-22-2024
JOHN RAY MELVIN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant
ORDER
LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: SHEA A. FUGATE'S UNOPPOSED SECOND
REQUEST FOR AUTHORIZATION TO CHARGE A REASONABLE FEE AND MEMORANDUM ON REASONABLE FEES PURSUANT TO 42 U.S.C. § 406(b) (Doc. No. 32)
FILED: October 21, 2024
THEREON it is ORDERED that the motion is DENIED without prejudice.
In this social security case, Shea A. Fugate, Esq. petitions the Court for an award of attorney's fees pursuant to 42 U.S.C. § 406(b). Doc. No. 32. Upon review, however, the Notice of Change in Benefits on which Attorney Fugate bases the request issued on August 19, 2024. Doc. No. 32-2. Thus, it appears that Attorney Fugate's request is untimely. See Local Rule 7.01(e) (requiring a motion for attorney's fees in a social security action after remand to be filed “[n]o later than fourteen days after receipt of a ‘close-out' letter”). Accordingly, the request (Doc. No. 32) is DENIED without prejudice. I f Attorney Fugate renews the motion, she must establish, by citation to evidence and legal authority, that her request is timely.
DONE and ORDERED in Orlando, Florida on October 22, 2024.