CASE NO. 3:18-CV-73-MGG
OPINION AND ORDER
On February 23, 2021, one of Plaintiff's attorneys, Stephen Sloan ("the Petitioner"), filed his Unopposed Supplemental Petition for Attorney Fees Pursuant to § 206(b)(1). Through the instant Motion, the Petitioner seeks an additional award of attorney fees in the amount of $11,900.25 related to the recent calculation of combined past-due auxiliary benefits. The Petitioner reports that the Commissioner has no objection to the instant petition. [DE 35 at 5, ¶ 12].
The Court has jurisdiction over this fee petition pursuant to 42 U.S.C. § 406(b) as the Court remanded this case for further proceedings on October 22, 2018. Since then, Plaintiff prevailed on remand when the Administrative Law Judge issued a favorable decision on September 26, 2019. The Commissioner's Office of Central Operations first calculated Plaintiff's past-due disability insurance benefits for which this Court has already awarded fees to the Petitioner. [DE 34]. On October 20, 2020, the Office of Central Operations provided Notices of Awards for past-due child's benefits to A.T.B. in the amount of $26,938.00; S.R.C. in amount of $12,894.00; and Z.A.B. in the amount of $7,769.00. [DE 35-1]. The Petitioner's request for $11,900.25 represents 25% of the past-due auxiliary benefits.
Section 206(b)(1) of the Social Security Act permits a court to award up to 25% of past due benefits to which the claimant is entitled by reason of a judgment rendered in favor of the claimant. See 42 U.S.C. § 406(b)(1). Plaintiff agreed to pay counsel Frederick J. Daley, Jr., as principal attorney of Daley Disability Law, P.C., 25% of all past due benefits awarded to Plaintiff. [DE 35-2].
Having reviewed the Petitioner's instant Motion, noting the lack of objection, and finding the fee reasonable for the hours of legal work spent and the benefit to Plaintiff, the Court hereby GRANTS the Supplemental Petition for Attorney Fee Pursuant to § 206(b)(1) [DE 35] and AWARDS Plaintiff's counsel $11,900.25 in attorney fees pursuant to Section 206(b)(1) of the Social Security Act.
The Court further ORDERS that payment by the Commissioner in the amount of $11,900.25 be made directly to counsel Frederick J. Daley, Jr. in accordance with the fee agreement signed by Plaintiff.
SO ORDERED this 24th day of February 2021.
s/Michael G. Gotsch, Sr.
Michael G. Gotsch, Sr.
United States Magistrate Judge