Griffin v. Commissioner of Social Security Administration

Filing 38

ORDER granting 35 Motion for Attorney Fees per Rule 406b, awarding fees in the amount of $5,303.25. Signed by Honorable Richard M. Gergel on 08/24/2016.(bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Steve Randall Griffin,
Plaintiff,
vs.
Carolyn D. Colvin, Acting Commissioner
of Social Security,
Defendant.

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Civil Action No. 1:14-cv-229-RMG

ORDER

This matter comes before the Court on Plaintiffs motion for approval of attorney's fees
under 42 U.S.C. § 406(b). (Dkt. No. 35). Plaintiff seeks approval of an attorney's fee for
services on behalf of Plaintiff in federal court in the amount of $5,303.25, which, along with a
previously granted fee by the Administrative Law Judge of $6,000 for services at the
administrative level, represents 25% of the total back award obtained on behalf of Plaintiff. (Dkt.
No. 35-1at2). Plaintiff has provided the Court a copy of the attorney fee agreement with
counsel, which provides for payment of an attorney's fee of 25% of the back award obtained.
(Dkt, No. 35-2). The Defendant has advised the Court that she does not oppose the approval of
Plaintiffs attorney fee under§ 406(b), but correctly notes that upon receipt of the fee award
under§ 406(b), Plaintifrs counsel is obligated to pay to his client the amount previously awarded
by the Court under EAJA. (Dkt. No. 36).
The Court has reviewed the Plaintifr s motion in light of the standards set forth in

Grisbrecht v. Barnhart, 535 U.S. 789, 808 (2002). The Court finds that pursuant to the

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Grisbrecht standards the proposed fee is reasonable and grants the Plaintiffs motion to approve
the fee in the amount of $5,303.25. Upon receipt of this award, Plaintiffs counsel is directed to
reimburse to Plaintiff$4,200.00 previously awarded under EAJA. (Dkt. No. 32).
AND IT IS SO ORDERED.

Richard Mark Gergel
United States District Judge
August 1L/, 2016
Charleston, South Carolina

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