Opinion
Civ. No. 07-1081 RHS.
June 16, 2010
ORDER GRANTING MOTION FOR ORDER AUTHORIZING ATTORNEY FEES
THIS MATTER comes before the Court on Plaintiff's "Motion for an Order Authorizing Attorney Fees, with Supporting Memorandum" ("Motion"), filed April 6, 2010 [Doc. 25]. In his Motion, Plaintiff seeks authorization for attorney fees pursuant to § 406(b) in the amount of $6,850.00 for 18.4 hours of legal services provided in this Court. Plaintiff's counsel indicates that if the Court grants the Motion, counsel will refund to Plaintiff "the EAJA [("Equal Access to Justice Act")] fees of $3,026.60 and the filing costs of $350.00, minus $845.81 for gross receipts tax and $152.46 in advanced costs for medical records." (Motion at 2). The Commissioner "declines to assert a position on the reasonableness of Plaintiff's request, as he is not the true party in interest." (Defendant's Response to Plaintiff's Motion at 1, filed Apr. 22, 2010 [Doc. 26] (citingGisbrecht v. Barnhart, 535 U.S. 789, 798 n. 6 (2002)).
Plaintiff and his attorney have agreed that "[t]he attorney fees shall be $7,000.00 or the applicable maximum amount set by the Commissioner or twenty-five (25%) of back benefits, whichever is less." (Addendum to Fee Agreement for Appeals Council and/or Federal Court Appeals, Ex. B, attached to Motion). The Court has authority to award fees arising from time expended by attorneys in actions pursued in Federal Court. See 42 U.S.C. § 406(b). However, the maximum attorney fee allowable under § 406(b) may not exceed 25% of a claimant's past due benefits. See § 406(b)(1)(a);Gisbrecht, 535 U.S. at 795. The parties present evidence that Plaintiff was awarded $55,400.00 in past due benefits. (See Notice of Award, Ex. A, attached to Defendant's Response to Court's Order for Clarification Regarding Motion for Attorney Fees, filed Jun. 8, 2010 [Doc. 33]). Thus, the fee amount requested by Plaintiff does not exceed the 25% maximum set under § 406(b). The Court concludes that a fee of $6,850.00 is reasonable under 42 U.S.C. § 406(b)(1).
WHEREFORE,
IT IS ORDERED that Plaintiff's Motion for an Order Authorizing Attorney Fees, with Supporting Memorandum [Doc. 25] is granted and the Court authorizes attorney fees in the amount of $6,850.00 for services before the Court.
IT IS FURTHER ORDERED that Plaintiff's counsel shall refund to Plaintiff $3,026.60 in EAJA fees and the filing costs of $350.00, minus $845.81 for gross receipts tax and $152.46 in advanced costs for medical records.