Thomas v. Commissioner of Social Security Administration

Filing 38

ORDER granting 34 Motion for Attorney Fees per Rule 406b, awarding $21,078.00 in fees. Signed by Chief Judge Terry L. Wooten on 09/01/2016.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Gwendolyn Ann Thomas,

)
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Plaintiff,
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vs.
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Carolyn W. Colvin,
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Acting Commissioner of Social
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Security,
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)
Defendant,
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_______________________________)

Civil Action No.: 0:11-cv-01393-TLW

ORDER

On July 14, 2015, counsel for the Plaintiff, Gwendolyn Ann Thomas (“Plaintiff”), filed a
motion for attorney’s fees and costs pursuant to the Social Security Act, 42 U.S.C. § 406(b).
(Doc. #34). In the Motion, counsel for the Plaintiff requests reimbursement for representation
provided in the above-captioned case in the amount of $25,457.00. (Doc. #34).
As required by 42 U.S.C. § 406(b), the amount requested by counsel is not greater than
twenty-five percent (25%) of the past-due benefits recovered by the Plaintiff. Counsel for the
Commissioner of Social Security (“Commissioner”) filed a Response to the Motion on August
10, 2015 stating that the Commissioner takes no position but does not object to the request for an
award of attorney’s fees under § 406(b). (Doc. #36).
The Court has reviewed the motion, counsel’s fee petition, and the accompanying fee
agreement and finds that the request for fees pursuant to § 406(b) is reasonable. Accordingly, IT
IS ORDERED that Plaintiff’s Motion for Attorney’s Fees (Doc. #34) pursuant to the Social
Security Act, 42 U.S.C. § 406(b), be and hereby is GRANTED in the amount of $25,457.00.

The Court notes that the Plaintiff’s attorney was also awarded attorney’s fees in this
action in the amount of $4,379.00 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §
2412 . (See Doc. #33). As Plaintiff’s counsel acknowledges in his Motion and Memorandum
(Docs. #34; 34-1 at 10), the previous EAJA award of $4,379.00 must be refunded to the Plaintiff
pursuant to Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002), resulting in a net fee of TwentyOne Thousand Seventy-Eight ($21,078.00) Dollars.
IT IS SO ORDERED.
s/ Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
September 1, 2016
Columbia, South Carolina