NEGLEY
v.
COMMISSIONER OF SOCIAL SECURITY
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Attorney Erik W. Berger seeks attorney's fees under 42 U.S.C. § 406(b) after obtaining a Social Security benefits award for his client on remand. The court grants the unopposed motion, awarding $13,035.43 (25% of past-due benefits) and directing Berger to return a prior $5,200 EAJA award to the plaintiff.
The requested fee of $13,035.43 under § 406(b) is reasonable and appropriate. Attorney Berger must return the prior EAJA award of $5,200 to the plaintiff within fourteen days.
“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 governing attorney's fees in Social Security cases under § 406(b)
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Join FLexlaw to unlock all legal intelligencePlaintiff obtained an award of Social Security benefits on remand. Attorney Berger seeks fees under § 406(b) for work performed before the court in th…
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Having obtained an award of benefits, Plaintiffs counsel Erik W. Berger seeks attorney's fees under 42 U.S.C. § 406(b). (Doc. 23.) Defendant does not oppose the request. (Doc. 25.)
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, Attorney Berger requests $13,035.43, which is 25 percent of the past-due benefits awarded to Plaintiff. Attorney Berger further asserts that the previous EAJA award of $5,200.00 will be returned to Plaintiff. (Doc. 23 at 2); see Paltan v. Commʼr of Soc. Sec., 518 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 Attorney Berger's unopposed motion, the requested fee is both reasonable and appropriate under § 406(b).
Accordingly, Attorney Berger's motion for attorney fees under 42 U.S.C. § 406(b) (Doc. 23) is GRANTED, and he is awarded § 406(b) fees of $13,035.43. The clerk is directed to enter judgment in this amount accordingly. Attorney Berger is further directed to return the previous EAJA award to Plaintiff within fourteen days of this order.
ORDERED in Fort Myers, Florida on December 17, 2024.
Kyle C. Dudek United States Magistrate Judge