Roussin v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

DENISE ANN ROUSSIN,

Plaintiff,

v. Case No.: 2:23-cv-1089-KCD

COMMISSIONER OF SOCIAL SECURITY,

Defendant. / ORDER Having obtained an award of benefits, Denise Ann Roussin’s attorney, Carol Avard, seeks attorney’s fees under 42 U.S.C. § 406(b). (Doc. 23.) 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, Avard requests $45,221.93, which is 25 percent of past-due benefits. (Doc. 23 at 1-2.) Avard further asserts that the previous EAJA award of $16,641.07 will be returned to Plaintiff. (Doc. 23 at 2-3); 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 Roussin’s motion, the requested fee is both reasonable and appropriate under § 406(b). Accordingly, the fee motion (Doc. 28) is GRANTED. The clerk will enter judgment for Roussin for $45,221.93 in attorney’s fees under 42 U.S.C. § 406(b). ORDERED in Fort Myers, Florida on December 30, 2024.

Pic gf cee Lf SF FF le 6h. Mal?” * Kale C. Dudek United States Magistrate Judge

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