Strong v. Commissioner of Social Security Administration

Filing 37

ORDER granting 32 Motion for Attorney Fees per Rule 406b in the net amount of $2,811.50. Signed by Honorable Richard M Gergel on 02/23/2012.(bshr, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

Martha Strong,

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Plaintiff,

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vs.

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Civil Action No. 0:09-2101-RMG

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Michael J. Astrue, Commissioner
of Social Security,

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)

ORDER

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Defendant.

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This matter comes before the Court on Plaintiff's motion for an award of attorney's fees
as a prevailing party in a Social Security disability matter pursuant to 28 U.S.C. § 406(b). (Dkt.
No. 32). Plaintiff requests Court approval of$8,728.50, which represents a fee of25% of
Plaintiff's total recovery of $34,914.00. Plaintiff advises the Court that she and her counsel had a
contingent fee agreement providing for an attorney's fee of25% of the amount recovered.
Plaintiff's counsel has provided to the Court an accounting of his hours of 46.2 hours, which
represents a proposed hourly rate of $188.93 per hour. Plaintiffs counsel further infonns the
Court that he has already received payment in the amount of $5,917.00 and, thus, seeks an
additional payment of the balance of $2,811.50. (Dkt. No. 32-1 at 8-9). Defendant has no
objection to the award of attorney's fees as requested by Plaintiff. (Dkt. No. 36).
The Court, pursuant to Gisbrecht v. Barnhart, 535 U.S. 789, 897-808 (2002), begins this
review by detennining the fee provided for by the contingency fee agreement and tests this

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against a standard of reasonableness. The fee requested of$8,728.50 is in accord with the
parties' contingency fee agreement. Based upon the hours expended and other factors normally
considered in reviewing the reasonableness of an attorney's fee, the Court finds the fee requested
is reasonable. Barber v. Kimbrell '8, 577 F.2d 216, 226 (4th Cir. 1978). Therefore, the Court
hereby approves an attorney's fee of $8,728.50, subject to a reduction for the amount already
paid of$5, 917.00, making the net amount now due for the attorney's fee of$2,811.50.
AND IT IS SO ORDERED.

Richard Mark Gergel
United States District Judge

Charleston, South Carolina
February<~ 2012

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