Binnarr v. Commissioner Social Security Administration

Filing 37

ORDER granting 34 Motion for Attorney Fees per Rule 406b Signed by Honorable Richard M Gergel on 12/5/2016.(abuc)

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Marion Binnarr, Jr.,
Plaintiff,
vs.
Carolyn D. Colvin, Acting Commissioner
of Social Security,
Defendant.

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Civil Action No. 6: 14-4425-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. 34). Plaintiff seeks approval of an attorney's fee in the
amount of$9,084.52. The Defendant has advised the Court that she does not oppose the
approval of Plaintiffs attorney fee under § 406(b), but correctly notes that upon receipt of the fee
award under § 406(b), Plaintiff's 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 Plaintiff s motion to approve
the fee in the amount of$9,084.52. Plaintiffs counsel has advised the Court that his client has
already paid him all amounts due and no further action is required by the Social Security
Administration. (Dkt. No. 34-1 at 6).
AND IT IS SO ORDERED.

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United States District Judge
December ;:;:2016
Charleston, South Carolina

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