DAIGNEAULT
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the plaintiff's unopposed motion for attorney fees under 42 U.S.C. § 406(b).
The plaintiff sought attorney fees under 42 U.S.C. § 406(b) after the court had previously reversed the Commissioner's decision and remanded the case,…
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This matter comes before the Court upon consideration of Plaintiff’s Unopposed Motion for Authorization of Attorney Fees pursuant to 42 U.S.C § 406(b) (Doc. # 35), filed on May 5, 2025. For the reasons that follow, the Motion is granted.
Discussion
This action was initiated on December 20, 2022. (Doc. # 1). On February 21, 2024, the Court reversed the decision of the Commissioner of Social Security and remanded the matter for further consideration. (Doc. # 29). The Court, on April 5, 2024, granted Ms. Daigneault's first motion for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in the amount of $8,827.50. (Doc. # 33). Now,
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pursuant to 42 U.S.C § 406(b), Ms. Daigneault moves for attorney's fees in the amount of $2,783.00.
“42 U.S.C. § 406(b) authorizes an award of attorney's fees where the district court remands the case to the Commissioner of Social Security for further proceedings, and the Commissioner on remand awards the claimant past-due benefits.” Bergen v. Comm’r of Soc. Sec., 454 F. 3d 1273, 1277 (11th Cir. 2006). An award of attorney's fees is proper here.
“After remand by this Court, an Administrative Law Judge (ALJ) issued a favorable decision finding [Ms. Daigneault] disabled. On November 11, 2024, the Social Security Administration issued a Notice informing [Ms. Daigneault] that she was entitled to back benefits.” (Doc. # 35 at 2).
Upon review of the Motion, fee statement, and counsel’s declaration, the Court agrees that $2,783.00 is a reasonable award of attorney's fees under the circumstances of this case.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
Plaintiff's Unopposed Motion for Authorization of Attorney Fees pursuant to 42 U.S.C § 406(b) (Doc. # 35) is GRANTED. Plaintiff is awarded $2,783.00 in attorney's fees. Unless the Department of Treasury determines that Plaintiff owes a federal debt, the government must pay the fees to
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Plaintiff’s counsel in accordance with Plaintiff’s assignment of fees. The Clerk is directed to enter an amended judgment accordingly.
DONE and ORDERED in Chambers in Tampa, Florida, this 6th day of May, 2025.
Kingisi M. Hely Com VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE
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