Walden v. Commissioner of Social Security Administration

Filing 32

ORDER granting 29 motion for attorney's fees pursuant to the Social Security Act, 42 U.S.C. §406(b) in the amount of $18,533.50. Signed by Honorable Bruce Howe Hendricks on 6/27/2018. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Michael Aaron Walden,

)
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Plaintiff,
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v.
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Nancy A. Berryhill, Acting
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Commissioner of Social Security
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Administration,
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Defendant.
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________________________________)

Civil Action No. 0:15-3634-BHH

ORDER

On May 17, 2018, Beatrice E. Whitten, counsel for Plaintiff, filed a motion for
attorney’s fees pursuant to 42 U.S.C. § 406(b). (ECF No. 29.) Specifically, counsel
requests reimbursement for representation provided in the above-captioned case in the
amount of $18,533.50.1
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 Plaintiff. On June 18,
2018, counsel for the Acting Commissioner of Social Security (“Commissioner”) filed a
response to the motion, in which she states that the Commissioner does not oppose the
motion but clarifies that the fees are for court time only. (ECF No. 30.) The Court has
reviewed the motion and exhibits and finds that counsel’s request for fees is reasonable.
Accordingly, IT IS ORDERED that Plaintiff's counsel’s motion for attorney’s fees
(ECF No. 29) pursuant to the Social Security Act, 42 U .S.C. § 406(b), is GRANTED in the
amount of $18,533.50. Plaintiff’s counsel shall refund to Plaintiff the amount of fees

1

Plaintiff was awarded a total of $74,134.00 in back-due benefits.

previously awarded under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d).2
IT IS SO ORDERED.

/s/Bruce H. Hendricks
The Honorable Bruce Howe Hendricks
United States District Judge
June 27, 2018
Charleston, South Carolina

2

Plaintiff received $5,500.00 in attorney’s fees under EAJA, and Plaintiff’s counsel must refund to
Plaintiff the amount of fees already received. (ECF No. 28.) See Gisbrecht v. Barnhart, 535 U.S. 789, 796
(2002) (noting that fees may be awarded under both § 406(b) and EAJA but that the claimant’s attorney must
refund to the claimant the amount of the smaller fee) (internal quotations and citation omitted); Astrue v. Ratliff,
130 S.Ct. 2521, 2528 (2010).