Dickey v. Commissioner of the Social Security Administration

Filing 30

ORDER granting 26 Motion for Attorney Fees per Rule 406b in the amount of $10,700.00. Signed by Honorable Richard M Gergel on 4/3/2017.(gnan )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Dwight Dickey,
Plaintiff,
vs.
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Defendant.

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Civil Action No. 4:12-2123-RMG

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. 26). Plaintiff seeks approval of an attorney's fee for his
services on behalf of Plaintiff in federal court in the amount of $1 0,700.00, which represents less
than 25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 26-1 at 2-3). The
Defendant has advised the Court that she does not oppose the approval of Plaintiff's attorney fee
under § 406(b), but correctly notes that upon receipt of the fee award under § 406(b), Plaintiff's
counsel is obligated to pay to his client the amount previously awarded by the Court under
EAJA. (Dkt. No. 28).
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
the fee in the amount of$10,700.00. Upon receipt of this award, Plaintiff's counsel is directed to
reimburse to Plaintiff $5,069.29 previously awarded under EAJA. (Dkt. No. 24).

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AND IT IS SO ORDERED.

United States District Judge
April ,3 ,2017
Charleston, South Carolina

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