Woods v. Commissioner of the Social Security Administration

Filing 32

ORDER granting 27 Motion for Attorney Fees per Rule 406b. Signed by Honorable Richard M Gergel on 3/7/2018.(gnan )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Hilton Woods, Plaintiff, VS. Nancy A. Berryhill, Acting Commissioner of Social Security Administration, Defendant. ) ) ) ) ) ) ) ) Civil Action No. 4: 16-738-RMG ) ) ) ORDER This matter comes before the Court on Plaintiff s motion for approval of attorney's fees under 42 U.S.C. ยง 406(b). (Dkt. No. 27). Plaintiff seeks approval of an attorney's fee for his services on behalf of Plaintiff in federal court in the amount of $20,280.00, which represents 25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 27-1). Plaintiff s contract with his counsel provides for a 25% contingency fee. The Defendant has advised the Court that she does not oppose approval of the attorney fee request of Plaintiff. (Dkt. No. 29). Upon receipt of the 406(b) fee award, Plaintiff s counsel is obligated to pay to her client the amount previously awarded by the Court under EAJA if she has been paid the EAJA fee award. (Dkt. No. 26). 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 $20,280.00. Upon receipt of this award, Plaintiff s counsel is directed to -1- reimburse to Plaintiff $3,806.86 previously awarded under EAJA, assuming that amount has already been paid to Plaintiff s counsel. (Dkt. No. 26).1 AND IT IS SO ORDERED. Richard Mark er l United States District Judge March 7 ,2018 Charleston, South Carolina 1 The EAJA award was made by this Court on January 25, 2018. (Dkt. No. 26). Ifthe Commissioner has not yet paid this award, Plaintiff s counsel would obviously have no obligation to pay the EAJA award back to Plaintiff. -2-

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