Boursheski v. Colvin

Filing 24

ORDER granting in the amount of $20,778.70 20 Motion for Attorney Fees. Signed by Magistrate Judge Brian K. Epps on 7/29/16. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
BARBARA BOURSHESKI,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security
Administration,
Defendant.

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CV 314-009

ORDER
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On October 6, 2014, the Court granted a reversal and remand pursuant to sentence
four of 42 U.S.C. § 405(g) and subsequently awarded Plaintiff $5255.52 in attorney’s fees
under the Equal Access to Justice Act (“EAJA”).

(Doc. nos. 15, 19.)

Because the

Administrative Law Judge awarded Plaintiff past due benefits on remand, Plaintiff now
moves for attorney’s fees in the amount of $20,778.70 pursuant to 42 U.S.C. § 406(b). (Doc.
no. 25.) Because an attorney who receives fees under both the EAJA and 42 U.S.C. § 406(b)
must refund the smaller fee to his client, counsel shall refund the amount of the previously
awarded EAJA fees to Plaintiff, as he has represented in his motion he will do. See Jackson
v. Comm’r of Soc. Sec., 601 F.3d 1268, 1274 (11th Cir. 2010); see also Paltan v. Comm’r of
Soc. Sec., 518 F. App’x 673, 674 (11th Cir. 2013).
Accordingly, the Court GRANTS Plaintiff’s motion (doc. no. 20) and awards

attorney’s fees in the amount of $20,778.70.
SO ORDERED this 29th day of July, 2016, at Augusta, Georgia.

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