Opinion
Civil 20-00031
07-25-2023
ALLYN OKAMURA, Plaintiff, v. KILOLO KIJAKAZI, Commissioner of Social Security. Defendant.
ORDER
FRANCES M. TYDINGCO-GATEWOOD CHIEF JUDGE
Before the court is the Petition for Attorney's Fees Under 42 U.S.C. § 406(b). See ECF No. 25. After review of the pleadings, the attached supporting documents, and the caselaw on this matter, the court finds the requested attorney fees under § 406(b) to be reasonable.
Accordingly, the court GRANTS the Petition. Mr. David B. Goetz, counsel for Plaintiff, is hereby awarded $25,323.50 for attorney fees, which is 25% of the total past-due benefits awarded by Social Security to Plaintiff.
In addition, Mr. David B. Goetz shall refund to Plaintiff the amount of $2,290.61, which is the difference between $8,500.00 (the Equal Access to Justice Act award, see ECF No. 22) and $6,209.39 (Plaintiff's outstanding federal debt and in which the U.S. Treasury deducted the amount from the Equal Access to Justice Act award). See Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002) (“the claimant's attorney must refund to the claimant the amount of the smaller fee.” (internal brackets and quotation marks omitted)).
SO ORDERED.