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Mcmanus v. Kijakazi, Acting Commissioner of Social Security
9:21-cv-00250
E.D. Tex.
Nov 14, 2025
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PHAEDRA MCMANUS v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION

CIVIL ACTION NO. 9:21-CV-250

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

November 14, 2025

ORDER

Pending is the Petitioner, Jeremy Willis‘s, Fourth Motion for Attorney Fees Under Section 206(b) and 42 U.S.C. § 406(b) (Dkt. #34). Mr. Willis asks the court to approve an attorney fee in the amount of seventeen (17) percent of Plaintiff‘s past-due benefits for a total fee of $24,116.20 under Section 206(b) of the Social Security Act, 42 U.S.C. § 406(b). United States Magistrate Judge Zack Hawthorn issued a report recommending that the request be granted. (Dkt. #36.) Neither party filed objections to the magistrate judge‘s report, and the time for doing so has passed. It is therefore

ORDERED that the Report and Recommendation of the magistrate judge is ADOPTED and Mr. Willis‘s motion for attorney fees is GRANTED. Mr. Willis is awarded fees in the amount of $24,116.20 pursuant to 42 U.S.C. § 406(b), which shall be paid out of Plaintiff‘s past-due benefits in accordance with agency policy.

Mr. Willis must refund to Plaintiff the EAJA fee previously awarded in the amount of $4,902.00, or, if applicable, only such portion of the EAJA fee not subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)).

SIGNED this 14th day of November, 2025.

Zack Hawthorn

United States Magistrate Judge

Notes

1
Counsel‘s three prior requests for attorney fees were denied without prejudice due to his failure to provide evidentiary support. (Dkt. #33.)

Case Details

Case Name: Mcmanus v. Kijakazi, Acting Commissioner of Social Security
Court Name: District Court, E.D. Texas
Date Published: Nov 14, 2025
Citation: 9:21-cv-00250
Docket Number: 9:21-cv-00250
Court Abbreviation: E.D. Tex.
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