Baker v. Commissioner of the Social Security Administration

Filing 33

ORDER granting 29 Motion for Attorney Fees per Rule 406b in the amount of $36,908.75. Signed by Honorable Margaret B Seymour on 12/19/2018.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
John Bolton Baker,

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) C/A No. 4:16-1262-MBS
Plaintiff,
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vs.
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ORDER
Nancy A. Berryhill, Acting Commissioner )
of Social Security Administration,
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Defendant.
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________________ ___________________ )
Plaintiff John Bolton Baker filed the within action on April 22, 2016, seeking judicial review
of a final decision of Defendant Acting Commissioner of Social Security Administration denying
Plaintiff’s application for disability and insurance benefits. By order filed January 5, 2017, and upon
motion of the Commissioner, the case was reversed pursuant to sentence four of 42 U.S.C. § 405(g)
and remanded to the Commissioner for further consideration. On April 5, 2017, the court entered
an order granting Plaintiff’s motion for attorney’s fees and costs under the Equal Access to Justice
Act (EAJA), 28 U.S.C. § 2412(d), in the amount of $4,197.94 and $416.00 in expenses.
This matter now is before the court on motion for attorney’s fees pursuant to 42 U.S.C. §
406(b), which motion was filed on November 21, 2018. Counsel moves for an order awarding an
attorney’s fee of $36,908.75. On December 4, 2018, the Commissioner filed a response indicating
that she does not object to Plaintiff’s request. Accordingly, Plaintiff’s motion for fees under 42
U.S.C. § 406(b) is granted in the amount of $36,908.75.
Plaintiff’s counsel indicates that the $4,197.94 fee awarded under the EAJA will be refunded
to Plaintiff in accordance with Gisbrecht v. Barnhart, 535 U.S. 89, 796 (2002), and counsel hereby

is directed to do so.
IT IS SO ORDERED.

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

Columbia, South Carolina
December 19, 2018

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