Watson v. Commissioner of Social Security Administration

Filing 30

ORDER granting 27 Motion for Attorney Fees per Rule 406b, awarding fees in the amount of $31,159.40. Signed by Chief Judge R. Bryan Harwell on 05/21/2020.(bshr, )

0:15-cv-04935-RBH

Date Filed 05/21/20

Entry Number 30

Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Billy Ray Watson,

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Plaintiff,
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v.
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Commissioner of Social Security,
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Defendant.
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______________________________)

Civil Action No.: 0:15-cv-04935-RBH

ORDER

Plaintiff, Billy Ray Watson, brought this action to obtain judicial review of a final decision
of Defendant Commissioner of Social Security denying Plaintiff’s application for disability
insurance benefits. See 42 U.S.C. § 405(g). On February 22, 2017, the court remanded the
Commissioner’s decision pursuant to sentence four of § 405(g) for further administrative
proceedings.
This matter now is before the court on Plaintiff’s motion for attorney’s fees filed on May 18,
2020, for requested fees in the amount of $31,159.40, which is not greater than 25% of Plaintiff's
past due benefits. The Plaintiff’s attorney was previously granted fees by this Court in the amount of
$5,522.39, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.
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 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. In addition, if the
claimant has been awarded attorney fees under EAJA, the claimant’s attorney must refund the lesser
of the two fees to the claimant. Id. at 796.

0:15-cv-04935-RBH

Date Filed 05/21/20

Entry Number 30

Page 2 of 2

Upon review of the materials submitted to the Court, the undersigned finds that Plaintiff
counsel’s request for attorney fees is reasonable. Therefore, it is ordered that the Plaintiff’s attorney
may collect a fee of $31,159.40, which is not greater than 25% of plaintiff’s past due benefits.
Plaintiff’s attorney must refund to the Plaintiff the EAJA award of $5,522.39.
IT IS SO ORDERED.
May 21, 2020
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
Chief United States District Judge

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