Tomallo v. Heckler

MEMORANDUM OPINION

COHILL, Chief Judge.

I

Plaintiff, James Tomallo, brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the Secretary’s final decision denying Plaintiff’s claim for disability benefits. Summary judgment subsequently was entered for Plaintiff and against Defendant.

Presently before the Court is a petition for attorney’s fees pursuant to 42 U.S.C. § 406(b)(1) filed by Plaintiff’s counsel of record, Robert N. Peirce, Jr., on his own behalf and on behalf of the law firm of Barkan & Neff, which served as “of counsel.”

II

42 U.S.C. § 406(b)(1) provides in…