Wall v. Commissioner of Social Security Administration
ORDER granting 30 Motion for Attorney Fees per Rule 406b. Signed by Honorable Richard M Gergel on 5/1/2017.(abuc)
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
David Lee Wall,
Civil Action No. 8:15-2193-RMG
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
This matter comes before the Court on Plaintiffs motion for approval of attorney's fees
under 42 U.S.C. § 406(b). (Dkt. No. 30). Plaintiff seeks approval of an attorney's fee for his
services on behalf of Plaintiff in federal court in the amount of $36,678.25, which represents
25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 30). Plaintiffs contract
with his counsel provides for a 25% contingency fee. (Dkt. No. 30-2). The Defendant has
advised the Court that she supports approval of the attorney fee request of Plaintiff, but correctly
notes that upon receipt of the fee award under § 406(b), Plaintiff s counsel is obligated to pay to
her client the amount previously awarded by the Court under EAJA. (Dkt. No. 31).
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 Plaintiffs motion to approve
the fee in the amount of $36,678.25. Upon receipt of this award, Plaintiffs counsel is directed to
reimburse to Plaintiff $3,000.48 previously awarded under EAJA. (Dkt. No. 28).
AND IT IS SO ORDERED.
United States District Judge
May _(_, 2017
Charleston, South Carolina
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?