PEREZ
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the unopposed motion for attorney's fees under 42 U.S.C. § 406(b) in the amount requested.
Plaintiff's counsel sought attorney's fees under 42 U.S.C. § 406(b) after a favorable remand judgment. The Commissioner did not oppose the fee request…
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Ivette J. Perez’s counsel moves for an award of $18,909.75 in attorney’s fees under 42 U.S.C. § 406(b). (Doc. 26). This request is unopposed.1 (Id. at p. 4). Ms. Perez applied for social security disability benefits, which was denied initially and on reconsideration. Ms. Perez then requested a hearing before an ALJ, who found Ms. Perez not disabled. (Tr. 24–39). The Appeals Council denied Ms. Perez’s request for review of the ALJ’s decision. (Tr. 1–6). Ms. Perez then filed a complaint in this court. (Doc. 1). The court remanded
benefits to pay her attorney’s fees. (See Doc. 26-3, Ex. C). Ms. Perez’s counsel now requests that award under 42 U.S.C. § 406(b). (Doc. 26). Under Section 406(b), when a court enters judgment favorable to a Social Security claimant represented by counsel, the court may award attorney’s fees
not to exceed twenty-five percent of the claimant’s total past-due benefits. 42 U.S.C. § 406(b)(1)(A). Based on the fee agreement that Ms. Perez agreed her counsel could request twenty-five percent of past-due benefits for attorney’s fees, an award of attorney’s fees of $18,909.75 is appropriate. (See Doc. 26-3,
Ex. A), The court awarded Ms. Perez’s counsel $7,170.80 in attorney’s fees under the Equal Access to Justice Act (EAJA). (Doc. 24). When an attorney receives attorney’s fees under the EAJA and Section 406(b), the attorney must refund
the smaller fee. Black v. Culbertson, 470 F. App’x 737, 739 (11th Cir. 2012). Ms. Perez’s counsel must refund any attorney’s fees awarded under the EAJA. The Motion for an Award of Attorney Fees Under 42 U.S.C. § 406(b) (Doc. 26) is GRANTED. Ms. Perez’s counsel is awarded $18,909.75 in attorney’s fees. Counsel must refund Ms. Perez any attorney’s fees received under the EAJA. ORDERED in Tampa, Florida on March 22, 2021.
Aranda. Aynoth Saag
AMANDA ARNOLD SANSONE
United States Magistrate Judge