Creekmore v. Colvin, 5:14-3019-RMG. (2016)
Court: District Court, D. South Carolina
Number: infdco20160404c70
Visitors: 13
Filed: Apr. 01, 2016
Latest Update: Apr. 01, 2016
Summary: ORDER RICHARD MARK GERGEL , District Judge . This matter comes before the Court on Plaintiffs motion for approval of attorney's fees under 42 U.S.C. 406(b). (Dkt. No. 37). Plaintiff seeks approval of an attorney's fee for her services on behalf of Plaintiff in federal court in the amount of $24,831.00, which, along with a $6,000 award by the agency for administrative level legal work, represents 25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 38 at 1). Plaintiff has
Summary: ORDER RICHARD MARK GERGEL , District Judge . This matter comes before the Court on Plaintiffs motion for approval of attorney's fees under 42 U.S.C. 406(b). (Dkt. No. 37). Plaintiff seeks approval of an attorney's fee for her services on behalf of Plaintiff in federal court in the amount of $24,831.00, which, along with a $6,000 award by the agency for administrative level legal work, represents 25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 38 at 1). Plaintiff has ..
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ORDER
RICHARD MARK GERGEL, District Judge.
This matter comes before the Court on Plaintiffs motion for approval of attorney's fees under 42 U.S.C. § 406(b). (Dkt. No. 37). Plaintiff seeks approval of an attorney's fee for her services on behalf of Plaintiff in federal court in the amount of $24,831.00, which, along with a $6,000 award by the agency for administrative level legal work, represents 25% of the total back award obtained on behalf of Plaintiff. (Dkt. No. 38 at 1). Plaintiff has provided the Court a copy of the attorney fee agreement with counsel, which provides for payment of an attorney's fee of 25% of the back award obtained. (Dkt. No. 37-3). 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), Plaintiff's counsel is obligated to pay to his client amounts previously awarded by the Court under EAJA. (Dkt. No. 38).
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 $24,831.00. Upon receipt of this award, Plaintiff's counsel is directed to reimburse to Plaintiff $11,229.71 previously awarded under EAJA.
AND IT IS SO ORDERED.
Source: Leagle
