Stratton v. Commissioner of the Social Security Administration

Filing 34

ORDER granting 32 Motion for Attorney Fees per Rule 406b. Plaintiff's counsel shall refund to Plaintiff the amount of fees previously awarded under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). Signed by Honorable Bruce Howe Hendricks on 5/11/20.(swel, )

5:18-cv-01674-BHH

Date Filed 05/11/20

Entry Number 34

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Aaron Raulan Stratton,

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Plaintiff,
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v.
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Andrew M. Saul,
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Commissioner of Social Security,
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Defendant.
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________________________________)

Civil Action No. 5:18-1674-BHH
ORDER

On May 5, 2020, counsel for Plaintiff filed a motion for attorney’s fees pursuant to
42 U.S.C. § 406(b). Specifically, counsel requests reimbursement for representation
provided in the above-captioned case in the amount of $14,945.65. As required by 42
U.S.C. § 406(b), the amount requested by counsel is not greater than twenty-five percent
(25%) of the past-due benefits recovered by Plaintiff.
On May 8, 2020, counsel for the Acting Commissioner of Social Security
(“Commissioner”) filed a response to the motion, indicating that the Commissioner does not
object to the motion and clarifying that the requested fees are for court time only. (ECF No.
33.)
The Court has reviewed the motion and exhibits and finds that counsel’s request for
fees is reasonable. Accordingly, IT IS ORDERED that Plaintiff's counsel’s motion for
attorney’s fees pursuant to 42 U .S.C. § 406(b) (ECF No. 32) is GRANTED. Plaintiff’s
counsel shall refund to Plaintiff the amount of fees previously awarded under the Equal

5:18-cv-01674-BHH

Date Filed 05/11/20

Entry Number 34

Page 2 of 2

Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d).1
IT IS SO ORDERED.

/s/Bruce H. Hendricks
The Honorable Bruce Howe Hendricks
United States District Judge
May 11, 2020
Charleston, South Carolina

1

Plaintiff received $4,500.00 in attorney’s fees under EAJA, and Plaintiff’s counsel must refund to
Plaintiff the amount of fees already received. (ECF No. 31.) See Gisbrecht v. Barnhart, 535 U.S. 789, 796
(2002) (noting that fees may be awarded under both § 406(b) and EAJA but that the claimant’s attorney must
refund to the claimant the amount of the smaller fee) (internal quotations and citation omitted); Astrue v. Ratliff,
130 S.Ct. 2521, 2528 (2010).