Diggs v. Commissioner of the Social Security Administration

Filing 22

ORDER granting 18 Motion for Attorney Fees per Rule 406b. IT IS ORDERED that Plaintiffs motion for attorneys fees pursuant to the Social Security Act, 42 U.S.C. §406(b), is granted in the amount of $15,698.00. Signed by Magistrate Judge Thomas E Rogers, III on 2/28/2012.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
RICHARD R. DIGGS,

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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-3257-TER

ORDER

On November 7, 2011, Counsel for the Plaintiff, Harry F. Smithson, filed a motion for
attorney’s fees and costs pursuant to the Social Security Act, 42 U.S.C. §406(b). The motion seeks
reimbursement for counsel’s representation in the captioned matter in the amount of $15,698.00,
which amounts to twenty-five percent of the past-due benefits withheld by the Social Security
Administration for attorney’s fees. The Defendant has indicated in his response to Plaintiff’s motion
that he does not oppose Plaintiff’s motion for attorney’s fees and “agrees that an award of attorney
fees in the amount of $15,698.00 (representing 29.5 hours of work before this Court) pursuant to 42
U.S.C. 406(b) is reasonable in light of the fee agreement between Plaintiff and her attorney and the
services provided by her attorney in this action.” (Doc. #21). The Court has reviewed Counsel’s
fee petition and the signed fee agreement that was submitted with the petition, and finds Counsel’s
request for fees 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 in the amount of $15,698.00.

AND IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United Stated Magistrate Judge
February 28, 2012
Florence, South Carolina