McBroom v. Commissioner of the Social Security Administration

Filing 37

ORDER granting 32 Motion for Attorney Fees per Rule 406b in the amount of $44,402.00. Signed by Honorable Margaret B Seymour on 7/19/2019.(gnan,)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Kerry McBroom,

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) C/A No. 4:15-4087-MBS
Plaintiff,
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)
vs.
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)
ORDER
Andrew M. Saul, Commissioner,
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Social Security Administration,
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Defendant.
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_____________________________ _______)
On October 2, 2015, Plaintiff Kerry McBroom brought this action to obtain judicial review of
a final decision of Defendant Commissioner of Social Security denying Plaintiff’s claims for social
security disability benefits. See 42 U.S.C. § 405(g). On January 30, 2017, the court remanded the
cause to the Commissioner pursuant to sentence four of § 405(g) for further administrative
proceedings. By order filed April 10, 2017, the court awarded attorney’s fees and expenses in the total
amount of $5,399.07 to Plaintiff’s counsel pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412(d).
This matter is before the court on Plaintiff’s motion for attorney’s fees filed May 24, 2019, and
amended on June 3, 2019. Counsel moves for an order awarding an attorney’s fee of $42,689.75 under
the Social Security Act, 42 U.S.C. § 406(b).1 On June 20, 2019, the Commissioner filed a response
informing the court that he has no objection to Plaintiff’s motion for fees. The Commissioner notes,
however, that the fees previously awarded under § 2412 should be remitted to Plaintiff by counsel.

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The fee requested constitutes 25% of the past due benefits awarded to Plaintiff, in accordance with
the fee agreement between Plaintiff and counsel and as permitted by 42 U.S.C. § 406(b). Plaintiff
received past benefits in the amount of $170,759.00.

See Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). Counsel represents that, once the fees requested
herein are approved, he will refund the $5,399.07 attorney’s fee previously awarded to Plaintiff.
Accordingly, Plaintiff’s motion for fees under 42 U.S.C. § 406(b) is granted in the amount
of $44,402.00. Counsel for Plaintiff is directed to promptly refund to Plaintiff the previously awarded
attorney’s fee of $5,399.07.
IT IS SO ORDERED.

/s/ Margaret B. Seymour
Senior United States District Judge

Columbia, South Carolina
July 19, 2019

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