Henry v. Commissioner of the Social Security Administration
Filing
42
ORDER granting 39 Motion for Attorney Fees per Rule 406b in the amount of $12,498.70. Upon receipt of this award, Plaintiff's counsel is directed to reimburse to Plaintiff $3,600.00 previously awarded under EAJA. (Dkt. No. 38). Signed by Honorable Richard M Gergel on 4/7/2016.(gnan )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Rose Mary Henry,
Plaintiff,
vs.
Carolyn D. Colvin, Commissioner
of Social Security Administration,
Defendant.
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Civil Action No. 5: 14-432-RMG
ORDER
This matter comes before the Court on Plaintiff's motion for approval of attorney's fees
under 42 U.S.C. § 406(b). (Dkt. No. 39). Plaintiff seeks approval of an attorney's fee for his
services on behalf of Plaintiff in federal court in the amount of$12,498.70, which represents
25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 39-1 at 9). The Defendant
has advised the Court that she does not oppose the approval of Plaintiff s attorney fee under
§ 406(b), but correctly notes that upon receipt of the fee award under § 406(b), Plaintiff's counsel
is obligated to pay to his client the amount previously awarded by the Court under EAJA. (Dkt.
No. 40).
The Court has reviewed the Plaintiff s 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$12,498.70. Upon receipt of this award, Plaintiff's counsel is directed to
reimburse to Plaintiff $3,600.00 previously awarded under EAJA. (Dkt. No. 38).
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AND IT IS SO ORDERED.
Richard Mark Ge
United States Dist 'ct Judge
April 7 ,2016
Charleston, South Carolina
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