Jennifer Barrett v. Commissioner of Social Security

• Court: District Court, E.D. Michigan
• Decided: November 3, 2025
• Docket: 2:23-cv-11859
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JENNIFER BARRETT,

Plaintiff, Case No. 23-11859 Hon. Jonathan J.C. Grey v. Magistrate Judge Curtis Ivy Jr.

COMMISSIONER OF SOCIAL SECURITY,

Defendant. _____________________________/

ORDER AND OPINION AUTHORIZING ATTORNEY FEES (ECF No. 17)

Before the Court is plaintiff’s counsel, Jacob Bender’s, unopposed motion for attorney fees. (ECF No. 17.) In the motion, Bender states that, pursuant to 42 U.S.C. § 406 and the applicable fee agreement, he is entitled to attorney fees totaling $16,000.00 for work performed in this Court. (Id., PageID.2528.) Upon receipt of the requested fee, Bender will refund Plaintiff Jenniffer Barrett the $5,121.00 EAJA fee, which was awarded earlier in this case. (Id., PageID.2530.) In social security cases, a 25% contingent fee “is not to be viewed as per se reasonable,” but generally, “if the agreement states that the attorney will be paid twenty-five percent of the benefits awarded, it should be given the weight ordinarily accorded a rebuttable presumption.” Rodriquez v. Bowen, 865 F.2d 739, 746 (6th Cir. 1989).

Here, Bender submitted a copy of the contingent fee agreement, signed by both Barrett and Bender, in which Barrett agrees to a fee of 25% of all past-due benefits. (Id., PageID.2553.) Bender also submitted a signed

statement in which Barrett consents to the requested attorney fees of $16,000.00 for work performed in this Court. (Id., PageID.2573.) The

total attorney fees to be paid to Bender do not exceed 25% of Barrett’s past-due benefits. For the reasons set forth in the unopposed motion, which Bender

filed with Barrett’s consent, the Court GRANTS Bender’s motion for attorney fees. (ECF No. 17.) The Court ORDERS that Bender be awarded $16,000.00 for his work before this Court. Upon receipt of the

fee, Bender shall refund Barrett $5,121.00, the EAJA fee. SO ORDERED. s/Jonathan J.C. Grey JONATHAN J.C. GREY Dated: November 3, 2025 UNITED STATES DISTRICT JUDGE Certificate of Service

The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First-Class U.S. mail addresses disclosed on the Notice of Electronic Filing on November 3, 2025.

s/ S. Osorio Sandra Osorio Case Manager