Hodges v. Astrue

Filing 39

ORDER granting 36 Motion for Attorney Fees per Rule 406b. 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 in the amount of $6,000.00. Signed by Magistrate Judge Thomas E Rogers, III on 3/5/2012.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
HENRY W. HODGES, JR.

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Plaintiff,
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vs.
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MICHAEL J. ASTRUE,
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COMMISSIONER OF SOCIAL
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SECURITY ADMINISTRATION, )
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Defendant,
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______________________________)

Civil Action No. 4:09-cv 2256-TER

ORDER

This matter is before the court upon Plaintiff’s motion for attorney fees. Counsel for
Plaintiff filed an amended motion for attorney’s fees and costs pursuant to the Social Security
Act, 42 U.S.C. 406(b).1 The amended motion seeks reimbursement for counsel’s representation
in the above captioned matter in the amount of $6,000.00.2 (Doc. #36). Defendant filed a
response stating there is no objection to the award of $6,000.00 in attorney fees requested by
counsel under §406(b) and notes that the court has awarded Plaintiff $6,798.27 in attorney’s fees
under the EAJA.3 (Doc. #38).

1

Plaintiff’s initial request for disability insurance benefits (DIB) was denied and
Plaintiff sought review of the Commissioner’s decision in this Court. Plaintiff was
successful in this court, obtaining a judgment filed March 15, 2011, reversing the
Commissioner’s decision and ordering that Plaintiff be awarded benefits. (Doc. #26).
2

Plaintiff’s counsel attached a copy of the fee agreement to the amended motion.
(Doc. #37).
3

Defendant correctly asserts and Plaintiff’s counsel has acknowledged that
Plaintiff’s counsel is required to refund to Plaintiff the lesser of the two fees between the
EAJA fees and the §406(b) fee.

As there is no opposition to the amended motion for attorney fees pursuant to 42 U.S.C.
§406(b) of the Social Security Act in the amount of $6,000.00,
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 in the amount of $6,000.00.
AND IT IS SO ORDERED.

s/Thomas E. Rogers, III
Thomas E. Rogers, III
United Stated Magistrate Judge
March 5, 2012
Florence, South Carolina

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