Marfino v. Commissioner of the Social Security Administration

Filing 36

ORDER granting 32 Motion for Attorney Fees per Rule 406b pursuant to 42U.S.C. § 406(b), in the amount of $26,940.00. Signed by Honorable Bruce Howe Hendricks on 1/29/2019.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Lisa Christopher Marfino,

)
)
Plaintiff,
)
)
v.
)
)
Nancy A. Berryhill, Acting
)
Commissioner of Social Security
)
Administration,
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)
Defendant.
)
________________________________)

Civil Action No. 4:15-5012-BHH

ORDER

On January 4, 2019, W. Danny Mayes, counsel for Plaintiff, filed a motion for
attorney’s fees pursuant to 42 U.S.C. § 406(b). (ECF No. 32.) Specifically, counsel
requests reimbursement for representation provided in the above-captioned case in the
amount of $26,940.00. 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.1
On January 18, 2019, counsel for the Acting Commissioner of Social Security
(“Commissioner”) filed a response to the motion, in which she states that the
Commissioner does not object to the motion and clarifies that the requested fees are for
court time only. (ECF No. 34.)
The Court has reviewed the motion and exhibits and finds that counsel’s request for
fees is reasonable. Accordingly, IT IS ORDERED that Plaintiff's counsel’s motion for
attorney’s fees pursuant to 42 U .S.C. § 406(b) (ECF No. 32) is GRANTED in the amount
of $26,940.00. Plaintiff’s counsel shall refund to Plaintiff the amount of fees previously
1

Plaintiff was awarded a total of $107,760.00 in back-due benefits.

awarded under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). 2
IT IS SO ORDERED.

/s/Bruce H. Hendricks
The Honorable Bruce Howe Hendricks
United States District Judge
January 29, 2019
Charleston, South Carolina

2

Plaintiff received $4,226.63 in attorney’s fees under EAJA, and Plaintiff’s counsel must refund to
Plaintiff the amount of fees already received. (ECF No. 25.) See Gisbrecht v. Barnhart, 535 U.S. 789, 796
(2002) (noting that fees may be awarded under both § 406(b) and EAJA but that the claimant’s attorney must
refund to the claimant the amount of the smaller fee) (internal quotations and citation omitted); Astrue v.
Ratliff, 130 S.Ct. 2521, 2528 (2010).

2