Creekmore v. Commissioner of the Social Security Administration
Filing
40
ORDER granting 37 Motion for Attorney Fees per Rule 406b. The Court finds that the proposed fee is reasonable and grants the Plaintiff's motion to approve the fee in the amount of $24,831.00. Upon receipt of this award, Plaintiff's counsel is directed to reimburse to Plaintiff $11,229.71 previously awarded under EAJA. Signed by Honorable Richard M Gergel on 4/1/2016.(gnan )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Tracy Reynolds Creekmore,
Plaintiff,
vs.
Carolyn D. Colvin, Acting Commissioner
of Social Security,
Defendant.
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Civil Action No. 5:14-3019-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. 37). Plaintiff seeks approval of an attorney's fee for her
services on behalf of Plaintiff in federal court in the amount of $24,831.00, which, along with a
$6,000 award by the agency for administrative level legal work, represents 25% of the total back
award obtained on behalf of Plaintiff. (Dkt. No. 38 at 1). Plaintiff has provided the Court a copy
of the attorney fee agreement with counsel, which provides for payment of an attorney's fee of
25% of the back award obtained. (Dkt, No. 37-3). 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
amounts previously awarded by the Court under EAJA. (Dkt. No. 38).
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
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the fee in the amount of $24,831.00. Upon receipt of this award, Plaintiff s counsel is directed to
reimburse to Plaintiff $11,229.71 previously awarded under EAJA.
AND IT IS SO ORDERED.
April -L, 2016
Charleston, South Carolina
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