Gadson v. Commissioner of Social Security Administration

Filing 47

ORDER granting 44 Motion for Attorney Fees per Rule 406b, awarding $3,036.50 in fees. Signed by Honorable Margaret B Seymour on 04/16/2021.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
JANIE GADSON,

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Plaintiff,
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vs.
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ANDREW SAUL,
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COMMISSIONER OF SOCIAL
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SECURITY ADMINISTRATION,
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Defendant.
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_______________________________)

C/A No. 1:17-2845-MBS

ORDER

Plaintiff Janie Gadson filed the within action on October 20, 2017, seeking judicial
review of Defendant Commissioner of Social Security Administration’s decision denying
her claim for disability insurance benefits. By order filed December 20, 2018, the court
remanded the Commissioner’s decision for further proceedings pursuant to sentence four of
42 U.S.C. § 405(g).
On March 20, 2019, Plaintiff filed a motion seeking attorney fees under the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, in the amount of $3,360.00. The
government did not oppose the motion and, on April 10, 2019, the court issued an order
granting the motion and authorizing payment. ECF No. 39. Thereafter, on July 13, 2020,
Plaintiff filed a motion seeking attorney fees in the amount of $18,268.00, pursuant to the
Social Security Act, 42 U.S.C. § 406(b). ECF No. 40. The government similarly did not
oppose the request and the court granted the motion on August 19, 2020. ECF No. 43.
This matter is now before the court on a second motion for attorney fees filed
pursuant to § 406(b). ECF No. 44. Plaintiff’s counsel, W. Daniel Mayes, seeks
reimbursement in the amount of $3,036.50, which amount he asserts “represents the

attorney fees withheld from the benefits of Gadson’s beneficiaries and is in addition to the
previous fee approved by the court.” Id. at 1. Mr. Mayes represents the reimbursement he
requests does not exceed 25 percent of the past due benefits awarded to Plaintiff and her
beneficiaries. The government does not oppose the motion. See ECF No. 45.
The court has reviewed the motion and supporting documents and finds that the
amount requested in fees is reasonable. Accordingly,
IT IS ORDERED that Plaintiff’s motion for attorney’s fees pursuant to the Social
Security Act, 42 U.S.C. § 406(b), is granted and payment is authorized to W. Daniel Mayes
in the amount of $3,036.50.

/s/Margaret B. Seymour
Margaret B. Seymour
Senior United States District Judge
April 16, 2021
Columbia, South Carolina