Priore v. Commissioner of the Social Security Administration

Filing 32

ORDER granting 28 Motion for Attorney Fees per Rule 406(b) in the gross amount of $42,756.25 (or 25% of Plaintiff's past-due benefits, whichever is less). Plaintiff's counsel will reimburse Plaintiff any fees they previously received under the Equal Access Justice Act (EAJA), 28 U.S.C. § 2412. Signed by Magistrate Judge Kaymani D West on 11/14/2023.(gnan )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
PAUL DEL PRIORE,
Plaintiff,
v.
KILOLO KIJAKAZI,
Commissioner of Social Security,
Defendant.

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Civil Action No. 5:22-CV-01005- KDW

ORDER
Upon consideration of Plaintiff’s Petition for attorney’s fees under 42 U.S.C. § 406(b),
ECF No. 28, and Defendant’s Response, ECF No. 30, it is this 14th day of November, 2023, by
the United States District Court for the District of South Carolina, Plaintiff’s Petition is granted.
It is ORDERED that Karl E. Osterhout, Esquire, is awarded an attorney’s fee under the
Social Security Act, 42 U.S.C. § 406(b), in the gross amount of $42,756.25 (or 25% of Plaintiff’s
past-due benefits, whichever is less). Plaintiff’s counsel will reimburse Plaintiff any fees they
previously received under the Equal Access Justice Act (EAJA), 28 U.S.C. § 2412.

IT IS SO ORDERED.

November 14, 2023
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge