Gadson v. Commissioner of Social Security Administration

Filing 43

ORDER granting 40 Motion for Attorney Fees per Rule 406b, awarding $18,268.00 in fees. Signed by Honorable Margaret B. Seymour on 08/19/2020.(bshr, )

1:17-cv-02845-MBS

Date Filed 08/19/20

Entry Number 43

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Janie Gadson,

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) C/A No. 1:17-2845-MBS
Plaintiff,
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vs.
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ORDER
Andrew Saul, Commissioner of Social
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Security,
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Defendant.
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____________________________________ )
On October 20, 2017, Plaintiff Janie Gadson brought this action to obtain judicial review of
a final decision of Defendant Commissioner of Social Security denying Plaintiff’s Title II application
for a period of disability and disability insurance benefits. See 42 U.S.C. § 405(g). On December 20,
2018, the court remanded the cause to the Commissioner pursuant to sentence four of § 405(g) for
further administrative proceedings. By order filed March 20, 2019, the court awarded attorney fees
in the amount of $3,360.00 to Plaintiff’s counsel pursuant to the Equal Access to Justice Act, 28
U.S.C. § 2412(d).
This matter is before the court on Plaintiff’s motion for attorney’s fees filed July 13, 2020.
Plaintiff moves for an order awarding an attorney’s fee of $18,268.00 under the Social Security Act,
42 U.S.C. § 406(b).1 On July 28, 2020, the Commissioner filed a response informing the court that
he has no objection to Plaintiff’s motion for fees. The Commissioner notes, however, that the fees
previously awarded under § 2412 should be remitted to Plaintiff by counsel. See Gisbrecht v.

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The fee requested constitutes 25% of the past due benefits awarded to Plaintiff, in accordance with
the fee agreement between Plaintiff and counsel and as permitted by 42 U.S.C. § 406(b). Plaintiff
received $73,072.00 in back Title II benefits.

1:17-cv-02845-MBS

Date Filed 08/19/20

Entry Number 43

Page 2 of 2

Barnhart, 535 U.S. 789, 796 (2002). Counsel represents that, once the fees requested herein are
approved, he will refund to Plaintiff the $3,360.00 attorney fee previously awarded.
Accordingly, Plaintiff’s motion for fees under 42 U.S.C. § 406(b) is granted in the amount
of $18,268.00. Counsel for Plaintiff is directed to promptly refund to Plaintiff the previously awarded
attorney’s fee of $3,360.00.
IT IS SO ORDERED.

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

Columbia, South Carolina
August 19, 2020

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