Godbolt v. Commissioner of the Social Security Administration

Filing 44

ORDER: The Court grants Plaintiff's 40 Motion for Attorney Fees per Rule 406b in the amount of $10,056.00. Signed by Honorable Richard M Gergel on 10/22/2015.(gnan )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Cheryl Lynne Godbolt,
Plaintiff,
vs.
Carolyn D. Colvin, Commissioner
of Social Security,
Defendant.

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Civil Action No. 4:13-69-RMG

ORDER

This matter comes before the Court on Plaintiffs motion for approval of attorney's fees
under 42 U.S.C. § 406(b). (Dkt. No. 40). Plaintiff seeks approval of an attorney's fee for her
services on behalf of Plaintiff in federal court in the amount of $10,056.00, which represents
25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 40-1 at 3). Plaintiff has
provided the Court a copy of the attorney fee agreement with counsel, which provides for
payment of an attorney's fee of25% of the back award obtained. (Dkt, No. 40-2). Plaintiffs
counsel has further advised the Court that upon payment of the requested fee award under 42
U.S.C. § 406(b), she will refund to her client $3,021.84 awarded under the Equal Access to
Justice Act. The Defendant has advised the Court that she does not oppose the approval of
Plaintiffs attorney fee under § 406(b). (Dkt. No. 42).
The Court has reviewed the Plaintiffs 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 Plaintiffs motion to approve

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the fee in the amount of $1 0,056.00. Upon receipt of this award, Plaintiff's counsel is directed to
reimburse to Plaintiff$3,02l.84 previously awarded under EAJA. (Dkt. No. 39).
AND IT IS SO ORDERED.

United States District Judge
October'U.. ,2015
Charleston, South Carolina

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