Harkness v. Commissioner of the Social Security Administration

Filing 31

OPINION AND ORDER granting 28 Motion for Attorney Fees. The Plaintiff is entitled to an award of attorney's fees under 42 U.S.C. § 406(b) in the stipulated amount of $7,000 in attorney fees for costs and expenses. Signed by Honorable J Michelle Childs on 04/24/2013. (egra, ) Modified on 4/25/2013 to edit document type and edit text (mbro)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
Michael R. Harkness,

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Plaintiff,
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v.
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Carolyn W. Colvin,
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Acting Commissioner of Social Security,
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Defendant.
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____________________________________)

Civil Action. No. 9:11-cv-02920-JMC

OPINION AND ORDER

This matter is before the court upon motion of the Plaintiff, through her attorney, Beatrice
E. Whitten, for an award of attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412.
On March 18, 2013, Counsel for the Plaintiff Beatrice E. Whitten (“Counsel”), filed a motion for
attorney’s fees and costs [Dkt. No. 28] pursuant to 42 U.S.C. § 406(b). The motion seeks
reimbursement for counsel’s representation in the captioned matter in the amount of $8,735.88 for
fees (51.60 hours at $169.30 per hour) for costs and expenses. Defendant’s response to Plaintiff’s
Motion for Attorney Fees under 42 U.S.C. § 406(b) [Doc. 29] notifies the court that he does not
oppose Plaintiff’s request for fees in the amount stated herein pursuant to 42 U.S.C. § 406(b).
However, the parties agreed to a stipulated amount of $7,000 for attorney fees.
The court has reviewed Counsel’s fee petition and the signed fee agreement that was
submitted with the petition, and finds Counsel’s stipulated request for fees reasonable.
Therefore, the Plaintiff is entitled to an award of attorney’s fees under 42 U.S.C. § 406(b)
in the stipulated amount of $7,000 in attorney fees for costs and expenses.

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IT IS SO ORDERED.

United States District Judge

Greenville, South Carolina
April 24, 2013

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