Chapa

ORDER RE: “COUNSEL’S MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406 (b)”

On December 20, 2010, counsel for Plaintiff filed “Counsel’s Notice of Motion and Motion for Attorney Fees Pursuant to 42 U.S.C. § 406 (b), etc.” (“Motion”). On January 20, 2011, Defendant filed a response (“Defendant’s Response”). On February 10, 2011, counsel for Plaintiff filed a reply (“Reply”). Counsel for Plaintiff seeks attorney fees in the amount of $10,000, with an order to reimburse Plaintiff $4,080 from the $6,400 previously awarded as attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (d) (“EAJA”).

BACKGROUND

The Court previously remanded this matter to the Commissioner for further administrative action pursuant to sentence six of 42 U.S.C. section 405 (g). See “Memorandum Opinion and Order of Remand,” filed on February 1, 2010 (finding that Plaintiff had submitted “new evidence” material to the disability determination). On remand, an Administrative Law Judge (“ALJ”) held a hearing at which Plaintiff was represented by his current counsel (Motion, Ex. 2 at 6). The ALJ found Plaintiff disabled, and the Administration subsequently awarded past-due benefits to Plaintiff…