Buckheister v. Commissioner of the Social Security Administration

Filing 44

ORDER granting 42 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 $9,208.50. Counsel shall refundto Plaintiff any EAJA fees awarded after receipt of fees pursuant to this order. Signed by Magistrate Judge Thomas E Rogers, III on 1/7/2012.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

CYNTHIA BRELAND BUCKHEISTER,

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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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____________________________________)

Civil Action No.: 4:10-2450-TER

ORDER

On November 21, 2012, Counsel for the Plaintiff, Beatrice E. Whitten, 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 $9,208.00,1
which amounts to twenty-five percent of the past-due benefits withheld by the Social Security
Administration for attorney’s fees. (Doc. #42 with attachments).
The Defendant has indicated in his response to Plaintiff’s motion that he does not object to
a reasonable award of attorney’s fees under Section 406(b) but notes that this court has already

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Plaintiff’s counsel asserts that Social Security issued a fully favorable decision
awarding Plaintiff benefits beginning April 23, 2007. Counsel further asserts that on October 28,
2012, the Commissioner of Social Security issued a Notice stating that the agency had withheld
$9208.50 of the claimant’s past-due benefit amount in anticipation of attorney fees. A copy of
the fee arrangement Plaintiff entered into with counsel to pay 25% of her past due benefits as
attorney fees is attached to the motion. Plaintiff was previously awarded $2,658.00 by this court
in EAJA fees. Plaintiff’s counsel asserts that this amount will be subtracted from the 25% fee
due, to reduce the amount of attorney fees payable by Plaintiff, leaving $6,550 in fees due from
the Plaintiff.

awarded Plaintiff $2,658.01 in attorney fees under the EAJA and that Plaintiff’s counsel is required
to refund Plaintiff the lesser of the two fees.
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 $9,208.50. Counsel shall refund
to Plaintiff any EAJA fees awarded after receipt of fees pursuant to this order.
AND IT IS SO ORDERED.

s/Thomas E. Rogers, III
Thomas E. Rogers, III
United Stated Magistrate Judge
January 7, 2013
Florence, South Carolina

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