Condrey v. Commissioner of the Social Security Administration

Filing 41

ORDER granting 36 Motion for Attorney Fees per Rule 406b in the amount of $31,095.13. Counsel for Plaintiff is directed to promptly refund to Plaintiff the previously awarded attorney's fee of $3,559.07. Signed by Honorable Margaret B Seymour on 8/27/2019.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Tracy Condrey,

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) C/A No. 4:16-3078-MBS
Plaintiff,
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vs.
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ORDER
Andrew Saul, Commissioner of Social
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Security,
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Defendant.
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_____________________________ _______)
On September 12, 2016, Plaintiff Tracy Condrey brought this action to obtain judicial review
of a final decision of Defendant Commissioner of Social Security denying Plaintiff’s claims for
disability benefits. See 42 U.S.C. § 405(g). On November 7, 2017, the court remanded the cause to
the Commissioner pursuant to sentence four of § 405(g) for further administrative proceedings. By
order filed February 20, 2018, the court awarded $3,559.07 (attorney’s fees in the amount of
$3,539.06, plus expenses in the amount of $20.01) to Plaintiff’s counsel pursuant to the Equal Access
to Justice Act, 28 U.S.C. § 2412(d).
This matter is before the court on Plaintiff’s motion for attorney’s fees filed July 27, 2019.
Counsel moves for an order awarding an attorney’s fee of $31,095.13 under the Social Security Act,
42 U.S.C. § 406(b).1 On August 23, 2019, the Commissioner filed a response informing the court that
he has no objection to Plaintiff’s motion for fees. The Commissioner notes, however, that the fees
previously awarded under § 2412 should be remitted to Plaintiff by counsel. See Gisbrecht v.

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The fee requested constitutes 25% of the past due benefits awarded to Plaintiff, in accordance with
the fee agreement between Plaintiff and counsel and as permitted by 42 U.S.C. § 406(b). Plaintiff
received past benefits in the amount of $124,380.50.

Barnhart, 535 U.S. 789, 796 (2002). Counsel represents that, once the fees requested herein are
approved, he will refund the $3,559.07 attorney’s fee and expenses previously awarded to Plaintiff.
Accordingly, Plaintiff’s motion for fees under 42 U.S.C. § 406(b) is granted in the amount
of $31,095.13. Counsel for Plaintiff is directed to promptly refund to Plaintiff the previously awarded
attorney’s fee of $3,559.07.
IT IS SO ORDERED.

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

Columbia, South Carolina
August 27, 2019

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