UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

KAREN MUNSON,

Plaintiff, Civil Case No. 19-11883 v. Honorable Linda V. Parker

COMMISSIONER OF SOCIAL SECURITY,

Defendant. _______________________________/

OPINION AND ORDER GRANTING MOTION FOR AUTHORIZATION OF ATTORNEY FEES PURSUANT TO § 406(b) OF THE SOCIAL SECURITY ACT

Plaintiff commenced this action to appeal a final administrative decision denying her claim for benefits under the Social Security Act. The parties thereafter stipulated to a remand to the Social Security Administration for further action pursuant to sentence four of

(g). (ECF No. 20.) The parties also stipulated to an order awarding attorney’s fees to Plaintiff’s counsel in the amount of $2,782.50 under the Equal Access to Justice Act,

. (ECF No. 22.) On remand, Plaintiff was found disabled and awarded past due benefits of $60,487.00. (Mot. Exs. A, B, ECF No. 23 at Pg ID 1412-20.) At the administrative level, Plaintiff requested an attorney’s fee of $6,000. (Mot. ¶ 8, ECF No. 23 at Pg ID 1404.) The matter is presently before the Court on a motion for authorization of attorney’s fees pursuant to

(b) in the amount of $9,121.75, filed by

Plaintiff’s counsel. (ECF No. 23.) Counsel indicates that, if awarded, he will return the fees awarded under the EAJA to Plaintiff. (Id. ¶ 8, Pg ID 1404.) Plaintiff consents to the fee request. (Id. ¶ 10, Pg ID 1405.) Defendant takes no

position on the motion. (Id. ¶ 11, Pg ID 1405.) Section 406(b) authorizes a court to award a social security claimant the fees for his or her representative in an amount not to exceed twenty-five percent of the total of the past-due benefits to which the claimant is entitled.

(b).

While fee awards are possible under both the EAJA and § 406(b), Congress provided that “the claimant’s attorney must ‘refund to the claimant the amount of the smaller fee.’” Gisbrecht v. Barnhart,

(2002) (quoting

,

). Accordingly, IT IS ORDERED that Plaintiff’s Motion for Attorney Fees Pursuant to § 406(b) of the Social Security Act is GRANTED and Plaintiff’s counsel is

awarded fees in the amount of $9,121.75; IT IS FURTHER ORDERED that Plaintiff’s counsel shall refund to Plaintiff the $2,782.50 previously awarded under the Equal Access to Justice Act.

IT IS SO ORDERED. s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE

Dated: January 25, 2021