Rainey v. Commissioner of the Social Security Administration
Filing
32
ORDER granting 29 Motion for Attorney Fees per Rule 406b in the amount of $24,965.25. Counsel for Plaintiff is directed to promptly refund to Plaintiff the previously awarded attorneys fee of $3,850.91. Signed by Honorable Margaret B Seymour on 1/11/2021.(gnan, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Jennifer Rainey,
)
) C/A No. 4:17-2407-MBS
Plaintiff,
)
)
vs.
)
)
ORDER
Andrew Saul, Commissioner of Social
)
Security,
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)
Defendant.
)
____________________________________ )
On September 8, 2017, Plaintiff Jennifer Rainey brought this action to obtain judicial review
of a final decision of Defendant Commissioner of Social Security denying Plaintiff’s application for
Social Security disability and Supplemental Security Income. See 42 U.S.C. § 405(g). On February
13, 2019, the court remanded the cause pursuant to sentence four of § 405(g) for further administrative
proceedings. By order filed June 12, 2019, the court awarded $3,872.97 (attorney’s fees in the amount
of $3,850.91 plus expenses in the amount of $22.06) 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 December 21,
2020. Plaintiff moves for an order awarding an attorney’s fee of $24,965.25 under the Social Security
Act, 42 U.S.C. § 406(b).1 On January 7, 2021, 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.
2
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).
Barnhart, 535 U.S. 789, 796 (2002). Counsel represents that, once the fees requested herein are
approved, he will refund to Plaintiff the attorney’s fee previously awarded.
Accordingly, Plaintiff’s motion for fees under 42 U.S.C. § 406(b) is granted in the amount
of $24,965.25. Counsel for Plaintiff is directed to promptly refund to Plaintiff the previously awarded
attorney’s fee of $3,850.91.
IT IS SO ORDERED.
/s/Margaret B. Seymour
Senior United States District Judge
Columbia, South Carolina
January11, 2021
2
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