Opinion
2:20-cv-573-NPM
01-26-2024
BENARDINO ROMANO, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
NICHOLAS P. MIZELL United States Magistrate Judge.
Having obtained an award of benefits, Benardino Romano requests a fee award pursuant to 42 U.S.C. § 406(b). (Doc. 33). 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 Romano's motion, the requested fee award is reasonable.
Accordingly, the unopposed fee motion (Doc. 33) is GRANTED, and the clerk is directed to amend the judgment in favor of Romano to include a fee award of $44,041.25.
Because Romano's counsel previously retained the $7,973.50 in fees awarded to Romano under the Equal Access to Justice Act (“EAJA”), they must refund the EAJA fees to Romano.
ORDERED.