Grutt v. Berryhill

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI

WESTERN DIVISION

JEREMY MICHAEL GRUTT, ) )

Plaintiff, ) ) v. ) Case No. 17-00163-CV-W-MDH-SSA )

ANDREW SAUL, )

Commissioner of Social Security, ) )

Defendant. )

ORDER

Before the Court is Plaintiff’s Attorney’s Motion for 42 U.S.C. § 406(b) Attorney Fees Doc. 25). Plaintiff’s Attorney seeks $18,718.50. Section 206(b)(1)(A) of the Social Security Act, 42 U.S.C. § 406(b)(1)(A), provides that a court may award a “reasonable” attorney fee not in excess of 25% of past-due benefits under Title II of the Social Security Act for an attorney’s representation of a plaintiff for Title II benefits before that court. In Gisbrecht v. Barnhart, 535 U.S. 789, 122 S. Ct. 1817 (2002), the Supreme Court set forth the method for calculating a “reasonable” 42 U.S.C. § 406(b) fee. Plaintiff’s Attorney asserts and demonstrates that their request is consistent with Gisbrecht and Defendant agrees. (Doc. 21).

As Plaintiff has acknowledged, when an attorney receives fees under both the Equal Access to Justice Act and § 406(b), the attorney must refund the smaller fee to the claimant. See Gisbrecht, 535 U.S. at 796. Plaintiff’s Attorney was previously awarded $6,000.00 in Equal Access to Justice Act fees. Therefore, Plaintiff’s Attorney’s Motion is GRANTED, and it is ORDERED that Plaintiff’s Attorney is awarded $18,718.50. Plaintiff’s Attorney is further ORDERED to reimburse Plaintiff for $6,000.00 awarded in Equal Access to Justice Act fees.

IT IS SO ORDERED.

Dated: April 14, 2021 /s/ Douglas Harpool______ DOUGLAS HARPOOL

United States District Judge