Cook v. Commissioner of Social Security Administration

Filing 31

ORDER granting 28 Motion for Attorney Fees per Rule 406b Signed by Honorable Margaret B Seymour on 8/7/2017.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Michael D. Cook,

)
) C/A No. 6:15-2431-MBS
Plaintiff,
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)
vs.
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)
ORDER
Nancy A. Berryhill, Acting Commissioner, )
Social Security Administration,
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Defendant.
)
_____________________________ _______)
On June 16, 2015, Plaintiff Michael D. Cook brought this action to obtain judicial review of
a final decision of Defendant Acting Commissioner of Social Security denying Plaintiff’s claims for
disability insurance benefits and supplemental security income benefits. See 42 U.S.C. § 405(g). On
July 28, 2016, the court remanded the Commissioner’s decision pursuant to sentence four of § 405(g)
for further administrative proceedings. By order filed November 9, 2016, the court awarded attorney’s
fees and expenses in the amount of $3,432.38 to Plaintiff’s counsel pursuant to the Equal Access to
Justice Act, 28 U.S.C. § 2412(d).
This matter now is before the court on Plaintiff’s motion for attorney’s fees filed June 16, 2017.
Counsel moves for an order awarding an attorney’s fee of $27,063.50 under the Social Security Act,
42 U.S.C. § 406(b).1 On July 19, 2017, the Commissioner filed a response informing the court that
she has no objection to Plaintiff’s motion for fees. Accordingly,
IT IS ORDERED that Plaintiff’s motion for fees under 42 U.S.C. § 406(b) be granted in

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The fee requested constitutes 25% of the past due benefits awarded to Plaintiff, in accordance with
the fee agreement between Plaintiff and counsel and as permitted by 42 U.S.C. § 406(b). Plaintiff
received past benefits in the amount of $108,254.00.

the amount of $27,063.50. Plaintiff’s counsel indicates that, once the fees requested in this case are
approved, he will refund to Plaintiff the $3,432.38 previously paid to him.
IT IS SO ORDERED.

/s/ Margaret B. Seymour
Senior United States District Judge

Columbia, South Carolina
August 1, 2017

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