CORBETT
v.
COMMISSIONER OF SOCIAL SECURITY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court granted Plaintiff's unopposed motion for attorney's fees under 42 U.S.C. § 406(b), awarding $10,919.72.
Plaintiff's counsel sought attorney's fees under 42 U.S.C. § 406(b) after a favorable remand decision. The court had previously awarded EAJA fees, and…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Social Security Act Attorney'S Fees cases and more on FLexlaw
This cause comes before the Court upon Plaintiff’s First Amended Unopposed Motion for Award of Attorney’s Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 34). On January 23, 2020, upon consideration of the undersigned’s Report and Recommendation (Doc. 19), this Court entered an Order adopting the Report and Recommendation and reversing and remanding the decision of the Commissioner under sentence four of 42 U.S.C. § 405(g) (Doc. 20). Thereafter, the Clerk entered judgment in favor of Plaintiff (Doc. 21). As a result of the favorable decision, the Court previously awarded Plaintiff’s fees in the amount of $2,430.78
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 attorneys’ fees under both 42 U.S.C. § 406(b) and EAJA. 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. Upon review of the fee agreement (Doc. 34) and the itemization of services rendered by counsel (Doc. 22), the Court determines that an award of fees in the amount of
$10,919.72 is reasonable and appropriate. ORDERED: 1. Plaintiff’s request for an award of attorney’s fees under 42 U.S.C. § 406(b) (Doc. 34) is GRANTED. 2. Plaintiff’s counsel is awarded fees in the amount of $10,919.72 pursuant
to 42 U.S.C. § 406(b), with a credit of $6,000 that was already received by the undersigned attorney. DONE AND ORDERED in Tampa, Florida, on this 22nd day of July, 2021. LY,
ANTHONY E. PORCELLI
United Sfates Magistrate Judge
cc: Counsel of Record