METZ
v.
COMMISSIONER OF SOCIAL SECURITY
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Andrea Metz's attorney sought attorney's fees under 42 U.S.C. § 406(b) following a successful Social Security benefits award on remand. The district court granted the unopposed motion for $18,768.98 in attorney's fees, representing 25 percent of past-due benefits minus a prior EAJA award.
The court granted the unopposed motion for attorney's fees. The requested fee of $13,768.98 was both reasonable and appropriate under § 406(b), and the clerk was directed to enter judgment for $18,768.98 in total attorney's fees (accounting for the prior EAJA award treatment).
“Section 406(b) provides that an attorney who obtains a benefits award on remand may petition for a reasonable fee—not to exceed twenty-five percent of the claimant's past-due benefits—for work performed before the court.”
States the governing statutory standard for attorney's fees in Social Security cases.
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Join FLexlaw to unlock all legal intelligenceAndrea Metz obtained an award of Social Security benefits on remand. Her attorney, Michael A. Steinberg, requested $13,768.98 in attorney's fees under…
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Having obtained an award of benefits, Andrea Metz's attorney, Michael A. Steinberg, seeks attorney's fees under 42 U.S.C. § 406(b). (Doc. 32.) Defendant has not opposed the request.
Section 406(b) provides that an attorney who obtains a benefits award on remand may petition for a reasonable fee—not to exceed twenty-five percent of the claimant's past-due benefits—for work performed before the court. Here, Steinberg requests $13,768.98, which is 25 percent of past-due benefits. Steinberg further asserts that the previous EAJA award of $3,598.12 will be returned to Plaintiff. (Doc. 32 at 3); see Paltan v. Comm’r of Soc. Sec., 519 F. App'x 673, 674 (11th Cir. 2013) (noting that the attorney has the option of either refunding a prior EAJA award to the plaintiff directly or reducing the § 406(b) award by the same amount). For the reasons stated in Metz's
unopposed motion, the requested fee is both reasonable and appropriate under § 406(b).
Accordingly, the unopposed fee motion (Doc. 32) is GRANTED. The clerk will enter judgment for Metz for $13,768.98 in attorney's fees under 42 U.S.C. § 406(b).
ORDERED in Fort Myers, Florida on April 22, 2024.
Kyle C. Dudek United States Magistrate Judge
Copies: All Parties of Record