Venditti v. Commissioner of the Social Security Administration

Filing 30

ORDER granting 27 Motion for Attorney Fees per Rule 406b in the amount of $27,123.00. Signed by Honorable Richard M Gergel on 5/16/2018.(gnan ) Modified on 5/18/2018 to edit filing date.(gnan, ).

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Susan Mary Venditti,
Plaintiff,

)
)
)

Civil Action No. 4:16-1630-RMG

)

vs.
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Defendant.

)
)
)
)
)
)
)

ORDER

This matter comes before the Court on Plaintiffs motion for approval of attorney' s fees
under 42 U.S.C. § 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 $27, 123.00, which represents
25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 27-1 at 1). Plaintiffs
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, but correctly
notes that upon receipt of the fee award under§ 406(b), Plaintiffs counsel is obligated to pay to
her client the amount previously awarded by the Court under EAJA. (Dkt. No. 28).
The Court has reviewed the Plaintiffs 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 Plaintiffs motion to approve
the fee in the amount of $27, 123 .00. Upon receipt of this award, Plaintiffs counsel is directed to
reimburse to Plaintiff $4,235.00 previously awarded under EAJA. (Dkt. No. 26).

-1-

AND IT IS SO ORDERED.

Richard Mark Gergel
United States District Judge
May &, 2018
Charleston, South Carolina

-2-