Mote v. Commissioner of the Social Security Administration
Filing
32
ORDER granting 28 Motion for Attorney Fees per Rule 406b in the amount of $46,060.00. Signed by Honorable R Bryan Harwell on 1/3/2019.(gnan )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Robin MOTE,
Plaintiff,
v.
Nancy A. B ERRYHILL ,
Acting Commissioner of Social Security,
)
)
)
)
)Civil No. 5:16-cv-02388-RBH
)
)
ORDER
Plaintiff, Robin Mote, brought this action to obtain judicial review of a final decision of
Defendant Acting Commissioner of Social Security denying Plaintiff’s application for a period
of disability and disability insurance benefits. See 42 U.S.C. § 405(g). On July 13, 2017, the
court remanded the Commissioner’s decision pursuant to sentence four of § 405(g) for further
administrative proceedings.
This matter now is before the court on Plaintiff’s motion for attorney’s fees under the
Social Security Act, 42 U.S.C. § 406(b), filed on December 5, 2018. Plaintiff’s attorney requests
fees in the amount of 25% of Mote’s past due benefits, which amounts to $46,060.00. The
Plaintiff’s attorney has been granted fees by this Court in the amount of $4,078.13, under the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.
In the United States Supreme Court case of Gisbrecht v. Barnhart, 535 U.S. 780 (2002),
the Court held that the provision of the Social Security Act limiting attorney fees to 25% of pastdue benefits does not displace contingent-fee agreements that are within such statutory ceiling,
and instructs courts to review for reasonableness fees yielded by such agreements. In addition, if
the claimant has been awarded attorney fees under EAJA, the claimant’s attorney must refund
the lesser of the two fees to the claimant. Id. at 796.
Upon review of the materials submitted to the Court, the undersigned finds that Plaintiff
counsel’s request for attorney fees is reasonable. Therefore, it is ordered that the Plaintiff’s
attorney may collect a fee of 25% of plaintiff’s past due benefits, which amounts to $46,060.00.
Plaintiff’s attorney must refund to the Plaintiff the EAJA award of $4,078.13.
January 3, 2019
Florence, South Carolina
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?