Hearn

ORDER GRANTING PETITIONER HARVEY SACKETT’S MOTION FOR ATTORNEY’S FEES PURSUANT TO 42 U.S.C. § 406

I. Introduction

Before the court is Plaintiffs counsel’s petition for attorney fees in which counsel requests $25,132.50 pursuant to 42 U.S.C. § 406 (b), the law allowing federal courts to award attorney’s fees out of past-due disability benefits owed to claimants under Title II of the Social Security Act. The Social Security Commissioner states that the overall fee request appears reasonable, but notes that the de facto $450 per hour rate may warrant a moderate reduction in the overall sum. For the reasons explained below, Petitioner Harvey Sackett is awarded a fee of $25,132.50.

II. Background

In November 1997, Plaintiff Robert E. Hearn applied for disability insurance benefits under Title II of the Social Security Act, alleging that he became disabled on March 7,1994. On April 15,1998, Plaintiff retained Harvey Sackett, an attorney who specializes in social security matters, to represent him. Under the terms of the contract, Mr. Sackett’s compensation was limited to a contingency fee in the event the lawsuit was successful, specifically a maximum of 25 percent of any past-due…