Devore v. Commissioner of Social Security Administration

Filing 27

ORDER granting 24 Motion for Attorney Fees per Rule 406b, awarding $11,320.50 in attorney's fees. Signed by Honorable J. Michelle Childs on 11/06/2018.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
James E. Devore,
Plaintiff,
v.
Commissioner of Social Security
Administration,
Defendant.

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Civil Action No.: 1:16-cv-03659-JMC

ORDER

This matter is before the court on Plaintiff James E. Devore’s (“Plaintiff”) Petition for
Attorney’s Fees, pursuant to 42 U.S.C. § 406(b), filed on October 22, 2018. (ECF No. 24.)
Defendant Commissioner of Social Security Administration (“the Commissioner”) responded to
Plaintiff’s Petition on November 2, 2018. (ECF No. 25.) The parties agreed that Plaintiff should
be awarded eleven thousand three hundred twenty dollars and fifty cents ($11,320.50) in attorney’s
fees, which were withheld from Plaintiff’s past-due benefits. (ECF No. 24 at 1; ECF No. 25 at 1.)
After reviewing Plaintiff’s Petition (ECF No. 24) and Defendant’s Response (ECF No. 25), the
court finds that the stipulated request for fees is reasonable and that Plaintiff is entitled to an award
of attorney’s fees under 42 U.S.C. § 406(b).
In accordance with Gisbrecht v. Barnhart, when fees are awarded under the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412, and 42 U.S.C. § 406(b), a claimant’s attorney must
refund the smaller amount to the claimant. 535 U.S. 789, 796 (2002). Plaintiff received four
thousand seventy-seven dollars and seventy-seven cents ($4,077.77) in fees under the EAJA on
October 10, 2017. (ECF No. 23.) Therefore, as Plaintiff’s counsel has agreed to do, the court directs

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Plaintiff’s counsel to remit four thousand seventy-seven dollars and seventy-seven cents
($4,077.77) to Plaintiff. (ECF No. 24 at 1-2.)
After a thorough review of Plaintiff’s Petition (ECF No. 24) and Defendant’s Response
(ECF No. 25), the court GRANTS Plaintiff’s Petition for Attorney’s Fees (ECF No. 24) and
awards $11,320.50 in attorney’s fees.
IT IS SO ORDERED.

United States District Judge

November 6, 2018
Columbia, South Carolina

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