Braun v. Commissioner of the Social Security Administration

Filing 40

ORDER granting 36 Motion for Attorney Fees per Rule 406(b): It is ORDERED that Plaintiff's motion for attorneys fees [ECF No. 36], pursuant to the Social Security Act, 42 U.S.C. § 406(b), is GRANTED in the amount of $16,351.34. Signed by Honorable Bruce Howe Hendricks on 6/13/2017.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION

Donna Braun o/b/o,
Leisa Braun, Deceased,

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Plaintiff,
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v.
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Nancy A. Berryhill, Acting
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Commissioner of Social Security
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Administration,
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Defendant.
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Civil Action No. 5:14-65-BHH
ORDER

On May 31, 2017, Harry F. Smithson, counsel for Plaintiff, filed a motion for
attorney’s fees pursuant to 42 U.S.C. § 406(b). (ECF No. 36.) In the motion, counsel
requests reimbursement for representation provided in the above-referenced case in the
amount of $16,351.34.
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 June 12, 2017, in which she states that the Commissioner does not oppose counsel’s
motion for attorney’s fees under § 406(b). (ECF No. 38.) The Court has reviewed the
motion and exhibits and finds that counsel’s request for fees is reasonable.
Accordingly, it is ORDERED that Plaintiff's motion for attorney’s fees (ECF No. 36)
pursuant to the Social Security Act, 42 U .S.C. § 406(b), is GRANTED in the amount of
$16,351.34. Any remaining benefits will be released directly to Derek Braun, the personal
representative of Plaintiff’s estate. Also, upon receipt of the § 406(b) attorney’s fees,

Plaintiff’s counsel shall remit to Plaintiff the $4,000.00 in attorney’s fees already awarded
under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Gisbrecht v. Barnhart,
535 U.S. 789, 796 (2002) (noting that fees may be awarded under both § 406(b) and EAJA
but that the claimant’s attorney must refund to the claimant the amount of the smaller fee)
(internal quotations and citation omitted); Astrue v. Ratliff, 130 S.Ct. 2521, 2528 (2010).
IT IS SO ORDERED.
/s/Bruce Howe Hendricks
United States District Judge
June 13, 2017
Charleston, South Carolina

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