Sims v. Commissioner of the Social Security Administration

Filing 37

ORDER granting 30 Motion for Attorney Fees per Rule 406b, awarding $1,626.69 in fees. Signed by Honorable Margaret B. Seymour on 07/14/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Marsha Sims,

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) C/A No. 1:10-1907-MBS
Plaintiff,
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)
vs.
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)
ORDER
Carolyn W. Colvin, Acting Commissioner, )
Social Security Administration,
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Defendant.
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____________________________________)
Plaintiff Marsha Sims brought this action to obtain judicial review of a final decision of
Defendant Commissioner of Social Security denying Plaintiff’s claims for disability insurance
benefits and supplemental security income. See 42 U.S.C. § 405(g). On December 14, 2011, the
court remanded the Commissioner’s decision pursuant to sentence four of § 405(g) for further
administrative proceedings. By order filed October 5, 2012, the court awarded attorney’s fees in the
amount of $9,137.03 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
This matter now is before the court on Plaintiff’s motion for attorney’s fees filed April 28,
2014. Counsel moves for an order awarding an additional attorney’s fee of $1,626.69 under the
Social Security Act, 42 U.S.C. § 406(b). On July 10, 2014, after the resolution of other matters
concerning documentation,1 the Commissioner filed a response informing the court that she has no
objection to Plaintiff’s motion for fees. Accordingly,
IT IS ORDERED that Plaintiff’s motion for fees under 42 U.S.C. § 406(b) be granted in

1

At the time of filing of the within motion, the Commissioner had not yet provided Plaintiff with
a Notice of Award. The Notice has since been issued. The Commissioner agrees that $10,763.72
is being withheld from Plaintiff’s account for her attorney. See ECF No. 36.

the amount of $1,626.69. This brings the total attorneys’ fees awarded to counsel for Plaintiff to
$10,763.72, the amount being withheld from Plaintiff’s account for her attorney.
IT IS SO ORDERED.

/s/ Margaret B. Seymour
Senior United States District Judge

Columbia, South Carolina
July 14, 2014

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