Marfino v. Berryhill, 4:15-5012-BHH. (2019)
Court: District Court, D. South Carolina
Number: infdco20190130f30
Visitors: 8
Filed: Jan. 29, 2019
Latest Update: Jan. 29, 2019
Summary: ORDER BRUCE HOWE HENDRICKS , District Judge . On January 4, 2019, W. Danny Mayes, counsel for Plaintiff, filed a motion for attorney's fees pursuant to 42 U.S.C. 406(b). (ECF No. 32.) Specifically, counsel requests reimbursement for representation provided in the above-captioned case in the amount of $26,940.00. As required by 42 U.S.C. 406(b), the amount requested by counsel is not greater than twenty-five percent (25%) of the past-due benefits recovered by Plaintiff. 1 On January 1
Summary: ORDER BRUCE HOWE HENDRICKS , District Judge . On January 4, 2019, W. Danny Mayes, counsel for Plaintiff, filed a motion for attorney's fees pursuant to 42 U.S.C. 406(b). (ECF No. 32.) Specifically, counsel requests reimbursement for representation provided in the above-captioned case in the amount of $26,940.00. As required by 42 U.S.C. 406(b), the amount requested by counsel is not greater than twenty-five percent (25%) of the past-due benefits recovered by Plaintiff. 1 On January 18..
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ORDER
BRUCE HOWE HENDRICKS, District Judge.
On January 4, 2019, W. Danny Mayes, counsel for Plaintiff, filed a motion for attorney's fees pursuant to 42 U.S.C. § 406(b). (ECF No. 32.) Specifically, counsel requests reimbursement for representation provided in the above-captioned case in the amount of $26,940.00. As required by 42 U.S.C. § 406(b), the amount requested by counsel is not greater than twenty-five percent (25%) of the past-due benefits recovered by Plaintiff.1
On January 18, 2019, counsel for the Acting Commissioner of Social Security ("Commissioner") filed a response to the motion, in which she states that the Commissioner does not object to the motion and clarifies that the requested fees are for court time only. (ECF No. 34.)
The Court has reviewed the motion and exhibits and finds that counsel's request for fees is reasonable. Accordingly, IT IS ORDERED that Plaintiff's counsel's motion for attorney's fees pursuant to 42 U.S.C. § 406(b) (ECF No. 32) is GRANTED in the amount of $26,940.00. Plaintiff's counsel shall refund to Plaintiff the amount of fees previously awarded under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d).2
IT IS SO ORDERED.
FootNotes
1. Plaintiff was awarded a total of $107,760.00 in back-due benefits.
2. Plaintiff received $4,226.63 in attorney's fees under EAJA, and Plaintiff's counsel must refund to Plaintiff the amount of fees already received. (ECF No. 25.) See Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002) (noting that fees may be awarded under both § 406(b) and EAJA but that the claimant's attorney must refund to the claimant the amount of the smaller fee) (internal quotations and citation omitted); Astrue v. Ratliff, 130 S.Ct. 2521, 2528 (2010).
Source: Leagle
