Coleman, Kimberly v. Saul, Andrew

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KIMBERLY K. COLEMAN,
Plaintiff,
v.
FRANK BISIGNANO,
Commissioner of Social Security,
Defendant.
ORDER
20-cvB653-wmc
On July 22, 2021, the court issued an order and judgment remanding this case to the
commissioner for further proceedings under sentence four of 42 U.S.C. ' 405(g) pursuant to
stipulation of the parties. Now before the court is plaintiff Kimberly K. Coleman’s attorney’s
petition for fees pursuant to § 406(b)(1) in the gross amount of $38,167.03. (Dkt. #43.)
Defendant does not object to this motion. (Dkt. #45.)
Fees under 42 U.S.C. ' 406
As part of its judgment, a court may allow “a reasonable fee . . . not in excess of 25
percent of the . . . past-due benefits” awarded to the claimant. § 406(b)(1)(A). The fee is
payable “out of, and not in addition to, the amount of [the] past-due benefits.” Id. Counsel
asks the court to approve an attorney fee award in the net amount of $24,523.07, which
represents the difference between the prior EAJA fee award and 25 percent of the Supplemental
Security Income that was awarded to plaintiff in past-due benefits.1 Having considered the
supporting materials filed by plaintiff's attorney, and hearing no objection from plaintiff or
1 The court notes that this 25 percent fee award is $38,167.03; however, counsel was previously
awarded EAJA fees between three cases in the total amount of $13,643.96 (dkt. #45 at 2).
Case: 3:20-cv-00653-wmc Document #: 46 Filed: 03/05/26 Page 1 of 2

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defendant, the court will grant the motion. The fees requested by counsel are reasonable in
light of the time he and members of his firm spent on this case and the favorable result he
obtained for plaintiff while working on a contingency basis.
Of course, counsel is not allowed to recover both awards. Section 406(b) has been
harmonized with the EAJA; though fee awards may be made under both the EAJA and
§ 406(b), a claimant's attorney must refund to the claimant the amount of the smaller fee.
Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002) (explaining that “an EAJA award offsets an
award under Section 406(b)”).
ORDER
IT IS ORDERED that:
1. Counsel’s motion for attorney fees under 42 U.S.C. § 406(b)(1) (dkt. #45) is
GRANTED.
2. The court approves representative fees under § 406(b) in the gross amount of
$38,167.03.
3. Counsel may retain the $13,643.96 previously awarded in EAJA fees in partial
satisfaction of the § 406(b) award.
4. The net amount of $24,523.07 shall be disbursed by the Commissioner from any of
plaintiff’s past-due benefits being withheld and in accordance with agency policy.
Entered this 5th day of March, 2026.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge
Case: 3:20-cv-00653-wmc Document #: 46 Filed: 03/05/26 Page 2 of 2