Morales v. Social Security Administration, No. 3:2012cv00400 - Document 23 (W.D. Ky. 2016)
Court Description: OPINION AND ORDER signed by Senior Judge Charles R. Simpson, III on 7/8/2016, re 17 Motion for Attorney Fees. Plaintiff's attorney is entitled to a fee award of 25% of Plaintiff's past-due benefits, for a total of $6,018.30. cc: Counsel(RLK)
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Morales v. Social Security Administration Doc. 23 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE ROBERT F. MORALES PLAINTIFF v. CIVIL ACTION NO. 3:12-CV-00400-CRS CAROLYN W. COLVIN, ACTING COMMISSIONER SOCIAL SECURITY ADMINISTRATION DEFENDANT Opinion and Order Robert Morales moves for attorney fees. The Court may award attorney fees out of pastdue benefits, but the fee cannot exceed 25 percent of past-due benefits. 42 U.S.C. § 406(b). Morales requested approval for $6,216.00 in attorney fees to come out of the past-due benefits. Mot., ECF No. 17. The Commissioner pointed out that $6,216.00 is 25 percent of $24,865.71, which Morales had already received in benefits. Notice of Award, ECF No. 17-3. Instead, the proper calculation is 25 percent of $24,073.21, the amount of past-due benefits, which is $6,018.30. In reply, Morales conceded that this is the proper fee calculation. The Court finds that plaintiff’s attorney is entitled to a fee award of 25% of plaintiff’s past-due benefits, for a total of $6,018.30. It is so ordered. July 8, 2016 Dockets.Justia.com
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