Ervin v. Commissioner of the Social Security Administration
Filing
41
ORDER granting 37 Motion for Attorney Fees per Rule 406b. Plaintiff's attorney may collect a fee of $27,702.25, which is not greater than 25% of plaintiff's past due benefits. Signed by Chief Judge R Bryan Harwell on 4/6/20.(swel, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Margaret Mechelle Ervin,
)
)
Plaintiff,
)
)
v.
)
)
Commissioner of Social Security,
)
)
Defendant.
)
______________________________)
Civil Action No.: 4:16-cv-03318-RBH
ORDER
Plaintiff, Margaret Mechelle Ervin, brought this action to obtain judicial review of a final
decision of Defendant Commissioner of Social Security denying Plaintiff’s application for disability
insurance benefits. See 42 U.S.C. § 405(g). On November 6, 2017, the court remanded the
Commissioner’s decision pursuant to sentence four of § 405(g) for further administrative
proceedings.
This matter now is before the court on Plaintiff’s motion for attorney’s fees filed on
February 28, 2020, for requested fees in the amount of $27,702.25, which is not greater than 25% of
Plaintiff's past due benefits. The Plaintiff’s attorney was previously granted fees by this Court in the
amount of $4,000.00, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.
In the United States Supreme Court case of Gisbrecht v. Barnhart, 535 U.S. 780 (2002), the
Court held that the provision of the Social Security Act limiting attorney fees to 25% of past-due
benefits does not displace contingent-fee agreements that are within such statutory ceiling, and
instructs courts to review for reasonableness fees yielded by such agreements. In addition, if the
claimant has been awarded attorney fees under EAJA, the claimant’s attorney must refund the lesser
of the two fees to the claimant. Id. at 796.
Upon review of the materials submitted to the Court, the undersigned finds that Plaintiff
counsel’s request for attorney fees is reasonable. Therefore, it is ordered that the Plaintiff’s attorney
may collect a fee of $27,702.25, which is not greater than 25% of plaintiff’s past due benefits.
IT IS SO ORDERED.
April 6, 2020
Florence, South Carolina
s/ R. Bryan Harwell
R. Bryan Harwell
Chief United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?