Mcdermott v. Commissioner of the Social Security Administration
ORDER granting 33 Motion for Attorney Fees per Rule 406b in the amount of $16,071.13. Signed by Chief Judge R Bryan Harwell on 8/2/2019.(gnan )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Lisa Rene McDermott,
Commissioner of Social Security,
Civil Action No.: 4:16-cv-03917-RBH
Plaintiff, Lisa Rene McDermott, 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 December 4, 2017, the court remanded the
Commissioner’s decision pursuant to sentence four of § 405(g) for further administrative
This matter now is before the court on Plaintiff’s motion for attorney’s fees filed on July 1,
2019, for requested fees in the amount of $16,071.13, which is not greater than 25% of McDermott's
past due benefits. The Plaintiff’s attorney was previously granted fees by this Court in the amount of
$4,797.00, 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 $16,071.13, which is not greater than 25% of plaintiff’s past due benefits.
Plaintiff’s attorney must refund to the Plaintiff the EAJA award of $4,797.00.
IT IS SO ORDERED.
August 2, 2019
Florence, South Carolina
s/ R. Bryan Harwell
R. Bryan Harwell
Chief United States District Judge
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