Sanchez v. Commissioner of the Social Security Administration

Filing 35

ORDER granting 30 Motion for Attorney Fees per Rule 406b in the amount of $16,280.75. Signed by Honorable Richard M Gergel on 9/11/2019.(gnan )

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R~c,:-, , .~ .·,: JSOC IN THE UNITED STATES DISTRICT C®tff\• DISTRICT OF SOUTH CAROLINA2019 SEP Felipe Penor Sanchez, Plaintiff, vs. Andrew M. Saul, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) L\i/LESTON. SC I I AH IQ: 59 Civil Action No. 4:17-1734-RMG 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. 30). Plaintiffs counsel seeks approval of an attorney's fee for her services on behalf of Plaintiff in federal court in the amount of $16,280.75, which represents 25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 30-1 ). Plaintiffs contract with his counsel provides for a 25% contingency fee. The Defendant has advised the Court that he 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 his client the amount previously awarded by the Court under EAJA. (Dkt. No. 32). 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 $16,280.75. Upon receipt of this award, Plaintiffs counsel is directed to reimburse to Plaintiff $3,700.00 previously awarded under EAJA. (Dkt. No. 29). -1- AND IT IS SO ORDERED. e United States District Judge J..l, September 2019 Charleston, South Carolina -2-

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