Summary
This United States District Court order resolves a plaintiff's motion for attorney's fees following the reversal and remand of her Social Security disability benefits claim. Applying the Gisbrecht v. Barnhart standard, the court granted $4,800 in fees to counsel under 42 U.S.C. § 406(b) and directed the refund of amounts previously collected under the Equal Access to Justice Act. The order further outlines payment procedures consistent with agency policy.
Topics
Practice areas
Questions Presented
- Whether attorney’s fees under 42 U.S.C. § 406(b) are appropriate and reasonable in this case.
Holdings
- The court granted plaintiff’s motion for attorney’s fees, finding the requested fees reasonable under the standard set forth in Gisbrecht v. Barnhart.
Key quotations
“Plaintiff’s Motion for Attorney Fees Under 42 U.S.C. § 406(b) (ECF No. 35) is hereby GRANTED as follows: Kevin Kerr is allowed an attorney’s fee ... in the amount of $4,800.00”
“Applying the standards set by Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002), the Court has reviewed the record in this case and finds that the requested fees are reasonable.”
Factual background
Plaintiff Shukura M. was denied disability benefits under Title XVI of the Social Security Act.
Procedural history
Plaintiff filed a civil action challenging the Commissioner’s final decision denying disability benefits under Title XVI of the Social Security Act. After a remand from a higher court, the district court entered judgment reversing and remanding the case. Plaintiff subsequently filed a motion for attorney’s fees, which the court granted.