Opinion
2:16-cv-639-NPM
04-19-2024
SUZANNE SARAH ROSEN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
NICHOLAS P. MIZELL, UNITED STATES MAGISTRATE JUDGE
Having obtained an award of benefits, Suzanne Sarah Rosen requests a fee award pursuant to 42 U.S.C. § 406(b). (Doc. 35). 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 Rosen's motion, the requested fee award is reasonable.
Accordingly, the unopposed fee motion (Doc. 35) is GRANTED, and the clerk is directed to amend the judgment in favor of Rosen to include a fee award of $20,554.75.
The motion for attorney's fees states that Rosen's counsel was awarded $7,870.89 in fees under the Equal Access to Justice Act (“EAJA”), which will be refunded to Rosen. (Doc. 35 at 3). However, the court's calculations reflect that the correct amount is $7,863.48, which represents $7,851.48 in attorney's fees and $12.00 in paralegal fees, exclusive of costs and expenses. Therefore, counsel must refund $7,863.48 in EAJA fees to Rosen.
ORDERED.