Capote Manzano v. Commissioner of Social Security
Capote Manzano v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
UNIOR CAPOTE MAZANO,
Plaintiff,
v. Case No. 8:20-cv-294-AEP
KILOLO KIJAKAZI, Acting Commissioner of Social Security,
Defendant. /
ORDER 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
Reference
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