Roscoe v. Commissioner of Social Security Administration

Filing 29

ORDER granting 26 Motion for Attorney Fees per Rule 406b, awarding fees in the amount of $27,164.00. Signed by Honorable Bruce Howe Hendricks on 08/06/2020.(bshr, )

1:17-cv-00081-BHH

Date Filed 08/06/20

Entry Number 29

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Larry Roscoe,

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Plaintiff,
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v.
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Andrew M. Saul,
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Commissioner of Social Security,
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Defendant.
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________________________________)

Civil Action No. 1:17-81-BHH
ORDER

On July 1, 2020, counsel for Plaintiff filed a motion for attorney’s fees pursuant to
42 U.S.C. § 406(b). In the motion counsel requests reimbursement for representation
provided in the above-captioned case in the amount of $27,164.00. As required by 42
U.S.C. § 406(b), the amount requested by counsel is not greater than twenty-five percent
(25%) of the past-due benefits recovered by Plaintiff.
On July 31, 2020, counsel for the Commissioner of Social Security (“Commissioner”)
filed a response to the motion, indicating that the Commissioner does not object to the
motion and clarifying that the requested fees are for court time only. (ECF No. 27.)
The Court has reviewed the motion and exhibits and finds that counsel’s request for
fees is reasonable. Accordingly, IT IS ORDERED that Plaintiff's counsel’s motion for
attorney’s fees pursuant to 42 U .S.C. § 406(b) (ECF No. 26) is GRANTED. Plaintiff’s
counsel shall refund to Plaintiff the amount of fees previously awarded under the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d).1

1

Plaintiff received $2,765.63 in attorney’s fees under EAJA, and Plaintiff’s counsel must refund to
Plaintiff the amount of fees already received. (ECF No. 25.) See Gisbrecht v. Barnhart, 535 U.S. 789, 796
(2002) (noting that fees may be awarded under both § 406(b) and EAJA but that the claimant’s attorney must
refund to the claimant the amount of the smaller fee) (internal quotations and citation omitted); Astrue v. Ratliff,

1:17-cv-00081-BHH

Date Filed 08/06/20

Entry Number 29

IT IS SO ORDERED.

/s/Bruce H. Hendricks
United States District Judge
August 6, 2020
Charleston, South Carolina

130 S.Ct. 2521, 2528 (2010).

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