Smith v. Commissioner of the Social Security Administration

Filing 40

ORDER granting 38 Motion for Attorney Fees per Rule 406b in the amount of $19,605.72. Signed by Honorable Terry L Wooten on November 20, 2012.(cwil, )

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

ROY GENE SMITH,

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Plaintiff,
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vs.
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MICHAEL J. ASTRUE,
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COMMISSIONER OF SOCIAL
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SECURITY ADMINISTRATION,
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Defendant.
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_______________________________)

Civil Action No: 1:10-878-TLW
ORDER

On October 29, 2012, Counsel for the Plaintiff filed a motion for attorney’s fees pursuant
to the Social Security Act, 42 U.S.C. §406(b). (Doc. # 38). The motion seeks reimbursement for
Counsels’ representation in the above-captioned matter in the amount of $19,605.72, which
amounts to twenty-five percent of the past-due benefits withheld by the Social Security
Administration. The Commissioner did not file a response in opposition to this motion. The
Court has reviewed Counsels’ fee petition and the signed fee agreement that was submitted with
the petition and finds Counsels’ request for fees reasonable. Accordingly, IT IS ORDERED
that Plaintiff’s motion for attorney’s fees pursuant to the Social Security Act, 42 U.S.C. §406(b),
is GRANTED in the amount of $19,605.72. (Doc. # 38). It is further ordered that, upon receipt
of that sum, Counsel for the Plaintiff are directed to refund the fees previously awarded pursuant
to the Equal Access to Justice Act. (“EAJA”).
IT IS SO ORDERED.
s/ Terry L. Wooten
TERRY L. WOOTEN
UNITED STATES DISTRICT COURT JUDGE
November 20, 2012
Florence, SC