Ferguson v. Commissioner of the Social Security Administration

Filing 40

ORDER granting 35 Motion for Attorney Fees per Rule 406b in the amount of $9,025.00. Signed by Honorable Richard M Gergel on 7/18/2017.(gnan )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Kimberly Ferguson, ) ) Plaintiff, vs. Nancy A. Berryhill, Acting Commissioner of Social Security Administration, Defendant. Civil Action No. 5:15-3667-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. 35). Plaintiff seeks approval of an attorney' s fee for his services on behalf of Plaintiff in federal court in the amount of $9 ,025 .00, which represents 25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 35-1). Plaintiffs contract with his counsel provides for a 25% contingency fee. (Dkt. No. 35-2). The Defendant has advised the Court that she supports approval of the attorney fee request of Plaintiff, but correctly notes that upon receipt of the fee award under§ 406(b), Plaintiff's counsel is obligated to pay to her client the amount previously awarded by the Court under EAJA. (Dkt. No. 37). 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$9,025.00. Upon receipt of this award, Plaintiff's counsel is directed to reimburse to Plaintiff $2,794.20 previously awarded under EAJA. (Dkt. No. 33). -1- AND IT IS SO ORDERED. United States District Judge July \"'Z , 2017 Charleston, South Carolina -2-

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