Richardson v. Commissioner of the Social Security Administration
ORDER: IT IS ORDERED that Plaintiff's Motion for Attorneys Fees (ECF No.46) pursuant to the Social Security Act, 42 U.S.C. § 406(b), be and hereby is GRANTED in the amount of $32,994.25. Signed by Honorable Bruce Howe Hendricks on 10/12/2016.(gnan )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
) Civil Action No.: 5:13-1846-BHH
Carolyn Colvin, Acting Commissioner of
On July 18, 2016, Paul T. McChesney, (“McChesney”), counsel for Plaintiff Mellisa
Richardson (“Plaintiff”), filed a motion for attorney’s fees pursuant to 42 U.S.C. § 406(b).
(ECF No. 46). In the motion, McChesney requests reimbursement for representation
provided in the above-referenced case in the amount $32,994.25. Id.
As required by 42 U.S.C. § 406(b), the amount requested by counsel is not greater
than twenty-five percent (25%) of the past-due benefits recovered by Plaintiff. Counsel for
the Acting Commissioner of Social Security (“Commissioner”) filed a Response to the
Motion on August 17, 2016, in which he states that the Commissioner does not oppose an
award of attorney’s fees under § 406(b). (ECF No. 48). The Court has reviewed the motion,
counsel’s fee petition, and the accompanying fee agreement and finds that the request for
fees is reasonable.
Accordingly, IT IS ORDERED that Plaintiff’s Motion for Attorney’s Fees (ECF No.
46) pursuant to the Social Security Act, 42 U .S.C. § 406(b), be and hereby is GRANTED
in the amount of $32,994.25.1
Plaintiff’s motion for EAJA fees was denied by Magistrate Judge Kaymani D. W est on
February 19, 2016, who found that the Commissioner’s position was substantially justified. (ECF
No. 44). Therefore, there is no EAJA offset.
IT IS SO ORDERED.
/s/Bruce Howe Hendricks
United States District Judge
October 12, 2016
Greenville, South Carolina
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