Conyers v. Commissioner of Social Security Administration

Filing 26

ORDER granting 20 Motion for Attorney Fees per Rule 406b, in the amount of $18,065 to be drawn out of the 25% amount withheld from the plaintiff's past-due benefits. Signed by Honorable Joseph F Anderson, Jr on 4/7/2014.(cwil, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Quetta Delorse Conyers,

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Plaintiff,
v.

C/A No.: 0:12-1434-JFA

ORDER

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Carolyn W. Colvin,
Commissioner of Social Security,

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Defendant.
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This matter is before the court upon motion of the plaintiff’s counsel, Beatrice E.
Whitten, for attorney fees (ECF No. 20) under the Social Security Act, 42 U.S.C. § 406(b).
Counsel has submitted copies of the Notice of Award from the Commissioner and the signed
Fee Agreement of the plaintiff. The Commissioner has responded to the motion indicating
that the Commissioner is not a party to § 406(b) fee awards and generally takes no position
on such petitions. The Commissioner suggests that the court ensure that plaintiff’s attorney
does not receive a windfall.
Plaintiff’s counsel petitions the court for approval of a court-related fee in the amount
$18,065 pursuant to the terms of a written contingent-fee agreement with the plaintiff. That
contingent-fee agreement provides, in pertinent part, for the payment of attorney fees in the
amount of 25% of all past-due benefits recovered.
In the United States Supreme Court case of Gisbrecht v. Barnhart, 535 U.S. 780
(2002), the Court held that the provision of the Social Security Act limiting attorney fees to
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25% of past-due benefits does not displace contingent-fee agreements that are within such
statutory ceiling, and instructs courts to review for reasonableness fees yielded by such
agreements.
Upon review of the material submitted to the court, the undersigned finds that plaintiff
counsel’s request for attorney fees is reasonable. Indeed, plaintiff’s counsel has represented
the plaintiff for approximately six years including three administrative hearings and time
spent before this court. Counsel successfully obtained a large award of back benefits as well
as ongoing benefits.
Therefore, it is ordered that the Commissioner pay reasonable attorney fees totaling
$18,065 to be drawn out of the 25% amount withheld from the plaintiff’s past-due benefits.
As this court has already awarded attorney fees to Ms. Whitten under the Equal Access to
Justice Act (EAJA), 28 U.S.C. § 2412(d) in the amount of $1,389, plaintiff’s counsel must
refund that amount ($1,389) to the plaintiff. See Gisbrecht at 796.
IT IS SO ORDERED.

Joseph F. Anderson, Jr.
United States District Judge

April 7, 2014
Columbia, South Carolina

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