Edwards v. Commissioner of Social Security Administration

Filing 42

ORDER granting 39 Motion for Attorney Fees per Rule 406b, awarding $18,194.00 in fees. Signed by Honorable Richard M. Gergel on 01/09/2015.(bshr, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Gloria Jean Edwards, Plaintiff, vs. Carolyn D. Colvin, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 3: 12-693RMG ORDER This matter comes before the Court on Plaintiff's motion for approval of attorney's fees under 42 U.S.C. § 406(b). (Dkt. No. 39). Plaintiff has informed the Court that she was ultimately awarded Social Security disability benefits as a result of this present action that would entitle her under to a 25% contingency fee of$18,194.00. (Dkt. No. 39-1 at 3). Plaintiff has attached to this motion an executed attorney fee agreement providing for payment of a contingency fee of25% of the any back benefits award. (Dkt. No. 39-2). Counsel for Plaintiff has further informed the Court that this award is subject to offset from a previous award under the Equal Access to Justice Act ("EAJA") of$6,031.44. (Dkt. No. 37). The Defendant has advised the Court that she does not oppose the approval of Plaintiff's attorney fee under § 406(b). (Dkt. No. 40). The Court has reviewed the Plaintiff's 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 Plaintiff s motion to approve -1­ the fee in the amount of $18, 194.00. Since Plaintiff is entitled to an offset for previously awarded EAJA fees, Plaintiffs counsel is directed that upon receipt of the fee award approved herein to refund to Plaintiff $6,031.44. AND IT IS SO ORDERED. Richard Mark Gerg United States District Judge i. January 2015 Charleston. South Carolina -2­

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