Dailey v. Commissioner of Social Security Administration
ORDER granting 32 Motion for Attorney Fees per Rule 406b, awarding fees in the amount of $7,298.25. Signed by Honorable Richard M Gergel on 09/26/2017.(bshr, )
IN THE UNITED ST ATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Paula Kay Dailey,
Civil Action No. 1:14-263-RMG
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
This matter comes before the Court on Plaintiffs motion for approval of attorney's fees
under 42 U.S.C. § 406(b). (Dkt. No. 32). Plaintiff seeks approval of an attorney' s fee for his
services on behalf of Plaintiff in federal court in the amount of$7,298.25, which represents 25 %
of the total back award obtained on behalf of Plaintiff. (Id.). Plaintiffs contract with his counsel
provides for a 25% contingency fee. (Dkt. No. 32-2). The Defendant has advised the Court that
she supports approval of the attorney fee request of Plaintiff, but correctly notes that upon receipt
of the fee award under§ 406(b), Plaintiffs counsel is obligated to pay to her client the amount
previously awarded by the Court under EAJA. (Dkt. No. 34).
The Court has reviewed the Plaintiffs 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
Grisbrecht standards the proposed fee is reasonable and grants the Plaintiffs motion to approve
the fee in the amount of $7,298.25 . Upon receipt of this award, Plaintiffs counsel is directed to
reimburse to Plaintiff $4,400.00 previously awarded under EAJA. (Dkt. No. 31 ).
AND IT IS SO ORDERED.
Richard Mark Gergel
United States District Judge
September J.. ~ 2017
Charleston, South Carolina
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