Johnson v. Commissioner of the Social Security Administration

Filing 45

ORDER: IT IS ORDERED that Plaintiff's Motion for Attorney's Fees (ECF No. 40)pursuant to the Social Security Act, 42 U.S.C. § 406(b), be and hereby is GRANTED in the amount of $7,024.50. Signed by Honorable Bruce Howe Hendricks on 10/12/2016.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Martha Johnson,

) Civil Action No.: 4:13-601-BHH
)
Plaintiff, )
)
v.
)
ORDER
)
Carolyn Colvin, Acting Commissioner of
)
Social Security,
)
)
Defendant. )
__________________________________ )
On June 9, 2016, W. Daniel Mayes (“Mayes”), counsel for Plaintiff Martha Johnson
(“Plaintiff”), filed a motion for attorney’s fees pursuant to 42 U.S.C. § 406(b). (ECF No. 40).
In the motion, Mayes requests reimbursement for representation provided in the abovereferenced case in the amount $7,024.50. Id.
As required by 42 U.S.C. § 406(b), the amount requested by counsel is not greater
than twenty-five percent (25%) of the past-due benefits recovered by Plaintiff. Counsel for
the Acting Commissioner of Social Security (“Commissioner”) filed a Response to the
Motion on July 11, 2016, in which he states that the Commissioner does not oppose an
award of attorney's fees under § 406(b). (ECF No. 42). The Court has reviewed the motion,
counsel’s fee petition, and the accompanying fee agreement and finds that the request for
the modified fees is reasonable.
Accordingly, IT IS ORDERED that Plaintiff’s Motion for Attorney's Fees (ECF No. 40)
pursuant to the Social Security Act, 42 U .S.C. § 406(b), be and hereby is GRANTED in the
amount of $7,024.50.1

1

Plaintiff received $5,177.75 in attorney fees under the Equal Access to Justice Act,
28 U.S.C. § 2412(d). (ECF No. 39). As Plaintiff’s attorney concedes in his Memorandum in
Support of his Motion for Attorney Fees under 42 U.S.C. § 406(b), (ECF No. 40-1), he must
refund to Plaintiff the EAJA fees already paid. See Gisbrecht v. Barnhart, 535 U.S. 789, 796
(2002); Astrue v. Ratliff, 130 S.Ct. 2521, 2528 (2010).

IT IS SO ORDERED.

/s/Bruce Howe Hendricks
United States District Judge
October 12, 2016
Greenville, South Carolina

2