Turner v. Commissioner of the Social Security Administration

Filing 38

ORDER granting 34 Motion for Attorney Fees per Rule 406b, awarding fees in the amount of $15,564.10. Signed by Honorable Margaret B. Seymour on 10/09/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
John Turner,

)
) C/A No. 1:11-0957-MBS
Plaintiff,
)
)
vs.
)
)
ORDER
Carolyn W. Colvin, Acting Commissioner, )
Social Security Administration,
)
)
Defendant.
)
____________________________________)
Plaintiff John Turner brought this action to obtain judicial review of a final decision of
Defendant Acting Commissioner of Social Security denying Plaintiff’s application for a period of
disability and disability insurance benefits. See 42 U.S.C. § 405(g). On August 21, 2012, the court
remanded the Commissioner’s decision pursuant to sentence four of § 405(g) for further
administrative proceedings. By order filed December 6, 2012, the court awarded attorney’s fees in
the amount of $4,714.40 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 September
12, 2014. Counsel moves for an order awarding an additional attorney’s fee of $15,564.10 under the
Social Security Act, 42 U.S.C. § 406(b).1 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

The total attorney’s fee due in accordance with counsel’s contingency fee agreement with Plaintiff
is 25% of back benefits, or $20,278.50. When the prior EAJA fee is subtracted from $20,278.50,
the net amount due to counsel is $15,564.10.

the amount of $15,564.10. This brings the total attorneys’ fees awarded to counsel for Plaintiff to
$20,278.50, or 25% of back benefits in accordance with the contingency fee agreement between
Plaintiff and counsel.2
IT IS SO ORDERED.

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

Columbia, South Carolina
October 9, 2014

2

Counsel indicates that any fee awarded at the administrative level will be refunded to Plaintiff.
2