Gadson v. Commissioner of Social Security Administration ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Janie Gadson, ) ) 1:17-2845-MBS Plaintiff, ) ) VS. ) ) ORDER Andrew Saul, Commissioner of Social ) Security, ) ) Defendant. ) On October 20, 2017, Plaintiff Janie Gadson brought this action to obtain judicial review of a final decision of Defendant Commissioner of Social Security denying Plaintiff's Title II application for a period of disability and disability insurance benefits. See 42 U.S.C. § 405(g). On December 20, 2018, the court remanded the cause to the Commissioner pursuant to sentence four of § 405(g) for further administrative proceedings. By order filed March 20, 2019, the court awarded attorney fees in the amount of $3,360.00 to Plaintiffs counsel pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). This matter is before the court on Plaintiffs motion for attorney’s fees filed July 13, 2020. Plaintiff moves for an order awarding an attorney’s fee of $18,268.00 under the Social Security Act, 42 U.S.C. § 406(b).! On July 28, 2020, the Commissioner filed a response informing the court that he has no objection to Plaintiff's motion for fees. The Commissioner notes, however, that the fees previously awarded under § 2412 should be remitted to Plaintiff by counsel. See Gisbrecht v. * The fee requested constitutes 25% of the past due benefits awarded to Plaintiff, in accordance with the fee agreement between Plaintiff and counsel and as permitted by 42 U.S.C. § 406(b). Plaintiff received $73,072.00 in back Title II benefits. Barnhart, 535 U.S. 789, 796 (2002). Counsel represents that, once the fees requested herein are approved, he will refund to Plaintiff the $3,360.00 attorney fee previously awarded. Accordingly, Plaintiffs motion for fees under 42 U.S.C. § 406(b) is granted in the amount of $18,268.00. Counsel for Plaintiffis directed to promptly refund to Plaintiff the previously awarded attorney’s fee of $3,360.00. IT IS SO ORDERED. /s/ Margaret B. Seymour Senior United States District Judge Columbia, South Carolina August 19, 2020