ROUSSIN
v.
COMMISSIONER OF SOCIAL SECURITY
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Denise Ann Roussin's attorney sought attorney's fees under 42 U.S.C. § 406(b) following a successful Social Security benefits award. The court granted the request for $45,221.93 in fees, representing 25 percent of past-due benefits, with the prior EAJA award to be returned to the plaintiff.
The requested fee of $45,221.93 under § 406(b) is reasonable and appropriate. The prior EAJA award of $16,641.07 will be returned to the plaintiff by the attorney.
“Section 406(b) provides that an attorney who obtains a benefits award on remand may petition for a reasonable fee—not to exceed twenty-five percent of the claimant's past-due benefits—for work performed before the court.”
Establishes the statutory framework and cap for attorney's fees in Social Security cases
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Join FLexlaw to unlock all legal intelligenceDenise Ann Roussin obtained an award of Social Security benefits. Her attorney, Carol Avard, filed a motion for attorney's fees under 42 U.S.C. § 406(…
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Having obtained an award of benefits, Denise Ann Roussin's attorney, Carol Avard, seeks attorney's fees under 42 U.S.C. § 406(b). (Doc. 23.) Defendant has not opposed the request.
Section 406(b) provides that an attorney who obtains a benefits award on remand may petition for a reasonable fee—not to exceed twenty-five percent of the claimant's past-due benefits—for work performed before the court. Here, Avard requests $45,221.93, which is 25 percent of past-due benefits. (Doc. 23 at 1-2.) Avard further asserts that the previous EAJA award of $16,641.07 will be returned to Plaintiff. (Doc. 23 at 2-3); see Paltan v. Comm'r of Soc. Sec., 519 F. App'x 673, 674 (11th Cir. 2013) (noting that the attorney has the option of either refunding a prior EAJA award to the plaintiff directly or reducing the § 406(b) award by the same amount). For the reasons stated in Roussin's motion, the requested fee is both reasonable and appropriate under § 406(b).
Accordingly, the fee motion (Doc. 23) is GRANTED. The clerk will enter judgment for Roussin for $45,221.93 in attorney's fees under 42 U.S.C. § 406(b).
ORDERED in Fort Myers, Florida on December 30, 2024.
Kyle C. Dudek United States Magistrate Judge
Copies: All Parties of Record