UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

CARLOS RODRIGUEZ,

Plaintiff,

v. Case No. 8:19-cv-962-T-AEP

KILOLO KIJAKAZI, Acting Commissioner of Social Security,1

Defendant. /

ORDER This cause comes before the Court upon the Motion for Attorney’s Fees Under

(b) (Doc. 40). On September 22, 2020, this Court entered an Order reversing and remanding the decision of the Commissioner under sentence four of

(g) (Doc. 36). Upon remand, the Commissioner issued a favorable decision for Plaintiff resulting in an award of disability benefits (Doc. 40- 1). As a result of the favorable decision, Plaintiff’s counsel now seeks payment of fees in the amount of $13,844.03 pursuant to

(b).

1 Kilolo Kijakazi is now the Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Acting Commissioner Kilolo Kijakazi should be substituted for Commissioner Andrew M. Saul as the defendant in this matter. No further action needs to be taken to continue this matter by reason of the last sentence of section The Court previously awarded Plaintiff’s fees in the amount of $3,620.95 pursuant to the EAJA (Doc. 39). Plaintiff’s counsel seeks payment of fees in the amount of $13,844.03 pursuant to

(b).

Under

(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.

(b)(1)(A). A plaintiff’s counsel may recover attorneys’ fees under both

(b) and EAJA. Gisbrecht v. Barnhart,

(2002). The plaintiff’s attorney must, however, refund to the plaintiff the amount of the smaller fee.

Although Plaintiff’s provided letter about an award of back payments does not specify how much the Social Security Administration (“SSA”) withheld from

Plaintiff’s back payments (See Doc. 40-1), twenty-five percent of Plaintiff’s past-due benefits ($13,844.03), which is the most the SSA will likely authorize for attorney’s fees under

(b), has likely been withheld. See

, 416.1530. Upon review of the fee agreement (Doc. 40-3) and the itemization of services rendered by counsel (Doc. 40-2), the Court determines that an award of fees

in the amount of $13,844.03 is reasonable and appropriate. Accordingly, it is hereby ORDERED: 1. Plaintiff’s request for an award of attorney’s fees under

(b) (Doc. 40) is GRANTED. 2. Plaintiff's counsel is awarded fees in the amount of $13,844.03 pursuant to

(b). DONE AND ORDERED in Tampa, Florida, on this 30th day of August 2021. J p ba ee a= beg id / ANTHONY E. PORCELLI United Sjfates Magistrate Judge

cc: Counsel of Record