Bligen v. Commissioner of the Social Security Administration

Filing 37

ORDER granting 33 Motion for Attorney Fees per Rule 406b in the amount of $9,826.72. Signed by Honorable Richard M Gergel on 11/6/2019.(gnan )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Ivan Dennis Bligen,
Plaintiff,
vs.
Andrew M. Saul, Commissioner
of Social Security,
Defendant.

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Civil Action No. 5: 17-554-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. 33). Plaintiffs counsel seeks approval of an attorney' s fee
for his services on behalf of Plaintiff in federal court in the amount of $9,826. 72, which
represents 25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 33-1 at 2).
Plaintifrs contract with his counsel provides for a 25% contingency fee . The Defendant has
advised the Court that he does not oppose approval of the attorney fee request of Plaintiff, but
correctly notes that upon receipt of the fee award under§ 406(b), Plaintiffs counsel is obligated
to pay to his client the amount previously awarded by the Court under EAJA. (Dkt. No. 35).
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
the fee in the amount of $9 ,826. 72. Upon receipt ofthis award, Plaintiffs counsel is directed to
reimburse to Plaintiff $3 ,638 .08 previously awarded under EAJA. (Dkt. No. 32).

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AND IT IS SO ORDERED.

United States District Judge

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2019
November
Charleston, South Carolina

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