LEMKE v. COLVIN

No. 14-cv-250-bbc.

MARK LEMKE, Plaintiff, v. CAROLYN W. COLVIN, Defendant.

United States District Court, W.D. Wisconsin.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (DIWC)
Nature of Suit: 863 Social Security: DIWC / DIWW
Source: PACER


Attorney(s) appearing for the Case

Mark A. Lemke, Plaintiff, represented by Barry Alan Schultz , Law Offices of Barry A. Schultz.

Carolyn W. Colvin, Defendant, represented by Richard Davis Humphrey , U.S. Attorney's Office.


ORDER

BARBARA B. CRABB, District Judge.

Plaintiff Mark Lemke's counsel, Barry Schultz, has moved for authorization of attorney fees under 42 U.S.C. § 406(b), for the representation of plaintiff he provided in this court. The motion is unopposed and will be granted.

According to counsel, plaintiff has been awarded $118,798.00 for social security disability back pay by defendant Carolyn W. Colvin, Acting Commissioner of Social Security. According to plaintiff's fee agreement with counsel, counsel is entitled to 25% of that award or $29,699.50. Counsel has previously been paid $6,000; he is due $23,699.50, however counsel is requesting $17,360. Defendant does not oppose the payments or the amounts.

ORDER

IT IS ORDERED that defendant Carolyn W. Colvin is directed to distribute $17,360.00 to plaintiff's counsel, Barry Schultz, for attorney fees and costs.


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