Lawton v. Commissioner of the Social Security Administration ( 2023 )

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION MARQUEL LAWTON, ) Plaintiff, ) ) Civil Action No. 5:20-cv-03931-KDW v. ) ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. ) ORDER Plaintiff, Marquel Lawton, brought this action to obtain judicial review of a final decision of Defendant Acting Commissioner of Social Security denying Plaintiff’s application for social security disability benefits. See 42 U.S.C. § 405(g). On March 11, 2022, the court remanded the Commissioner’s decision pursuant to sentence four of § 405(g) for further administrative proceedings, and subsequently Plaintiff was found disabled. Upon review of the materials submitted to the court, the undersigned finds that Plaintiff counsel’s request for attorney fees is reasonable and therefore grants Plaintiff’s Motion, ECF No. 38. See Gisbrecht v. Barnhart, 535 U.S. 780 (2002). Plaintiff’s counsel is awarded an attorney’s fee under the Social Security Act, 42 U.S.C. § 406(b), in the amount of $13,540.75 (or 25% of past-due benefits due to Plaintiff by reason of this Court’s judgment, whichever is less). Plaintiff’s counsel will reimburse Plaintiff any fees he previously received under the Equal Access Justice Act (EAJA), 28 U.S.C. § 2412. IT IS SO ORDERED. March 22, 2023 Kaymani D. West Florence, South Carolina United States Magistrate Judge