Glover v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

CURTIS L. GLOVER, SR.,

Plaintiff, v. Case No. 8:18-cv-1248-T-AEP ANDREW M. SAUL,

Commissioner of Social Security,

Defendant. /

ORDER

This cause comes before the Court upon Plaintiff’s Unopposed Motion for Award of Attorney’s Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 33). On August 15, 2019, this Court entered an Order reversing and remanding the decision of the Commissioner under sentence four of 42 U.S.C. § 405(g) (Doc. 31). Thereafter, the Clerk entered judgment in favor of Plaintiff (Doc. 32). Upon remand, the Commissioner issued a favorable decision for Plaintiff resulting in an award of disability benefits (Doc. 33-3). As a result of the favorable decision, Plaintiff’s counsel now seeks payment of fees in the amount of $17,605.00 pursuant to 42 U.S.C. § 406(b), with an amount of $6,860.02 to be reimbursed to Plaintiff for payment of the estimated EAJA fees Plaintiff would have been awarded if he filed an EAJA petition.

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. Here, the Social Security Administration withheld a total of $18,654.50 from Plaintiff’s past-due benefits for possible payment of attorney’s fees in federal court (Doc. 33). Upon review of the fee agreement (Doc. 33-1) and the itemization of services rendered by counsel (Doc. 33-2), the Court determines that an award of fees in the total amount of $17,605.00 is reasonable and appropriate. Accordingly, it is hereby

ORDERED:

1. Plaintiff’s request for an award of attorney’s fees under 42 U.S.C. § 406(b) (Doc. 33) is GRANTED.

2. Plaintiff’s counsel is awarded fees in the amount of $17,605.00 pursuant to 42 U.S.C. § 406(b).

DONE AND ORDERED in Tampa, Florida, on this 2nd day of March, 2021.

ANTHON; E. PORCELLI

United Sfates Magistrate Judge cc: Counsel of Record