Tubbs v. Commissioner of the Social Security Administration

Filing 43

ORDER granting 38 Motion for Attorney Fees per Rule 406b: The Court authorizes a payment to Beatrice E. Whitten, Esquire, in the amount of Twenty-Five Thousand, Nine Hundred Ninety-Six dollars and 75/00 cents ($25,996. 75) in attorney's fees being withheld from Plaintiff's past-due benefits for court-related services. It is further ordered that upon receipt of this sum, and once Plaintiff's counsel receives payment pursuant to the July 6, 2017 Order (Dkt. No. 36) for an award of fees under the Equal Access to Justice Act, Plaintiff's counsel shall remit Three Thousand, Four Hundred Thirty-One dollars and 80/00 cents ($3,431.80) directly to Plaintiff. Signed by Honorable R Bryan Harwell on 10/9/2018.(gnan )

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION GLENDA BROOM TUBBS, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 4:16-cv-1608-RBH ORDER Upon consideration of Plaintiff's Motion for Attorney’s Fees pursuant to § 206(b)(1) of the Social Security Act, 42 U.S.C. § 406(b)(1), and there being no objection by counsel for the Defendant, it is hereby ORDERED that the Court authorizes a payment to Beatrice E. Whitten, Esquire, in the amount of Twenty-Five Thousand, Nine Hundred, Ninety-Six dollars and 75/00 cents ($25,996.75) in attorney’s fees being withheld from Plaintiff’s past-due benefits for court-related services. It is further ordered that upon receipt of this sum, and once Plaintiff’s counsel receives payment pursuant to the July 6, 2017, Order (Dkt. No. 36) for an award of fees under the Equal Access to Justice Act, Plaintiff’s counsel shall remit Three Thousand, Four Hundred, Thirty-One dollars and 80/00 cents ($3,431.80) directly to Plaintiff. This sum represents the amount paid to Plaintiff’s counsel on Plaintiff’s behalf pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. October 9, 2018 Florence, South Carolina s/ R. Bryan Harwell R. Bryan Harwell United States District Judge 1

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