CAPOTE MANZANO
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted Plaintiff's unopposed motion for attorney's fees under 42 U.S.C. § 406(b), awarding $9,075.50.
Plaintiff's counsel sought attorney's fees under 42 U.S.C. § 406(b) after a favorable decision on remand in a Social Security case. The Commissioner d…
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This cause comes before the Court upon Plaintiff’s Unopposed Motion for Attorney’s Fees pursuant to 42 U.S.C. § 406(b) (Doc. 30). On February 11, 2021, this Court entered an Order reversing and remanding the decision of the Commissioner under sentence four of 42 U.S.C. § 405(g) (Doc. 26). Upon remand, the Commissioner issued a favorable decision for Plaintiff resulting in an award of disability benefits (see Docs. 30, at 3; 30-2). As a result of the favorable decision, Plaintiff’s counsel now seeks payment of fees in the amount of $13,931.75 pursuant to 42 U.S.C. § 406(b). The Commissioner does not oppose the requested relief. Under 42 U.S.C. § 406(b), when a court renders a judgment favorable to a Social Security claimant who was represented before the court by counsel, the court may allow a reasonable fee for such representation, not to exceed twenty-five percent of the total past-due benefits to which the claimant is entitled. 42 U.S.C. § 406(b)(1)(A). A plaintiff’s counsel may recover attorney’s fees under both 42 U.S.C. § 406(b) and the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). The plaintiff’s attorney must, however, refund to the plaintiff the amount of the smaller fee. Id. The Court previously awarded Plaintiff’s fees in the amount of $3,227.36. pursuant to the EAJA, 28 U.S.C. § 2412 (Doc. 29). After the disability finding, the Social Security Administration withheld a total of $13,931.75 from Plaintiff’s past-due benefits for possible payment of attorney’s fees in federal court (Docs. 30-2, at 3). Upon review of the fee agreement (Doc. 30-1) and the itemization of services rendered by counsel (Doc. 30-3), the Court determines that an award of fees in the amount of $9,075.50 is reasonable and appropriate. Plaintiff’s counsel has indicated that he is aware of his obligation to reduce the $13,931.75 sum by the amount of the previous EAJA award of $3,227.36 (Doc. 30, at 3). Accordingly, it is hereby ORDERED: 1. Plaintiff’s request for an award of attorney’s fees under 42 U.S.C. § 406(b) (Doc. 30) is GRANTED.
2. Plaintiff’s counsel is awarded fees in the amount of $13,931.75 pursuant to 42 U.S.C. § 406(b). DONE AND ORDERED in Tampa, Florida, on this 27th day of February, 2023.
ANTHON; E. PORCELLI United Sfates Magistrate Judge cc: Counsel of Record