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 )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Dwight Dickey, Plaintiff, vs. Nancy A. Berryhill, Acting Commissioner of Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) 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). -1­ AND IT IS SO ORDERED. United States District Judge April ,3 ,2017 Charleston, South Carolina -2­

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