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Casteel v. Colvin

United States District Court, E.D. Tennessee, Chattanooga Division

August 7, 2014

SAMUEL D. CASTEEL, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

WILLIAM B. MITCHELL CARTER, Magistrate Judge.

I. Introduction

Plaintiff's Motion for Attorney's Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 25), is before the undersigned having been referred by the District Court for a report and recommendation pursuant to 28 U.S.C. § 636(b) and Fed.R.Civ.P. 72(b).

II. Discussion

In order to recover attorney's fees under 42 U.S.C. § 406(b), the following conditions must be met:

(1) The Court must have rendered a judgment favorable to Plaintiff;
(2) The Plaintiff must have been represented by counsel; and
(3) The Court finds the fee reasonable and not in excess of twenty-five (25) percent of the total of past due benefits to which Plaintiff is entitled.

Plaintiff moves for attorney fees pursuant to 42 U.S.C. § 406(b) in the amount of $15, 036.09 (Doc. 25). The request is in addition to the $5, 409.60 that will be paid to the attorney by the Social Security Administration. The total request is less than 25% of the award of past due benefits. The government does not oppose the requested award of attorney's fees (Doc. 26). I conclude, based on the work performed, this fee is reasonable. Having reviewed the record, I conclude Plaintiff has met all requirements to receive fees under 42 U.S.C. § 406(b). For good cause shown, I RECOMMEND[1]

(1) The motion of the plaintiff's attorney for attorney fees pursuant to 42 U.S.C. § 406(b) (Doc. 25) be GRANTED.
(2) The plaintiff's attorney be awarded a fee in the sum of $15, 036.09 subject to reimbursement to the plaintiff of the EAJA attorney's fee award of $5, 409.60.

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