Case Name in Social Security Case - Unavailable

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JENNIFER BARRETT,
Plaintiff, Case No. 23-11859
Hon. Jonathan J.C. Grey
v. Magistrate Judge Curtis Ivy Jr.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_____________________________/
ORDER AND OPINION AUTHORIZING ATTORNEY FEES
(ECF No. 17)
Before the Court is plaintiff’s counsel, Jacob Bender’s, unopposed
motion for attorney fees. (ECF No. 17.) In the motion, Bender states that,
pursuant to 42 U.S.C. § 406 and the applicable fee agreement, he is
entitled to attorney fees totaling $16,000.00 for work performed in this
Court. (Id., PageID.2528.) Upon receipt of the requested fee, Bender will
refund Plaintiff Jenniffer Barrett the $5,121.00 EAJA fee, which was
awarded earlier in this case. (Id., PageID.2530.)
In social security cases, a 25% contingent fee “is not to be viewed as
per se reasonable,” but generally, “if the agreement states that the
attorney will be paid twenty-five percent of the benefits awarded, it
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should be given the weight ordinarily accorded a rebuttable
presumption.” Rodriquez v. Bowen, 865 F.2d 739, 746 (6th Cir. 1989).
Here, Bender submitted a copy of the contingent fee agreement, signed
by both Barrett and Bender, in which Barrett agrees to a fee of 25% of all
past-due benefits. (Id., PageID.2553.) Bender also submitted a signed
statement in which Barrett consents to the requested attorney fees of
$16,000.00 for work performed in this Court. (Id., PageID.2573.) The
total attorney fees to be paid to Bender do not exceed 25% of Barrett’s
past-due benefits.
For the reasons set forth in the unopposed motion, which Bender
filed with Barrett’s consent, the Court GRANTS Bender’s motion for
attorney fees. (ECF No. 17.) The Court ORDERS that Bender be
awarded $16,000.00 for his work before this Court. Upon receipt of the
fee, Bender shall refund Barrett $5,121.00, the EAJA fee.
SO ORDERED.
s/Jonathan J.C. Grey
JONATHAN J.C. GREY
Dated: November 3, 2025 UNITED STATES DISTRICT JUDGE
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Certificate of Service
The undersigned certifies that the foregoing document was served upon
counsel of record and any unrepresented parties via the Court’s ECF
System to their respective email or First-Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on November 3, 2025.
s/ S. Osorio
Sandra Osorio
Case Manager
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