Bush v. Commissioner Social Security Administration

Filing 30

ORDER granting 26 Motion for Attorney Fees per Rule 406b Signed by Honorable Richard M Gergel on 11/1/2016.(abuc)

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Willie Bush, Sr.
Plaintiff,
vs.

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Civil Action No. 8: 14-3860-RMG

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Carolyn D. Colvin, Acting Commissioner
of Social Security,
Defendant.

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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. 26). Plaintiff seeks approval of an attorney's fee in the
amount of $12, 176.20, which represents 25% of the total back award obtained on behalf of
Plaintiff. (Dkt. No. 26-1). The Defendant has advised the Court that she does not oppose the
approval of Plaintiff's attorney fee under § 406(b), 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. 27).
The Court has reviewed the Plaintiff s 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$12,176.20. Upon receipt ofthis award, Plaintiffs counsel is directed to
reimburse to Plaintiff $2,793.75 previously awarded under EAJA. (Dkt. No. 25).
AND IT IS SO ORDERED.

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gel
United States Dis riet Judge
November _1_,2016
Charleston, South Carolina

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