United States District Court, D. South Carolina
October 17, 2014
Eddie Jackson Pringle, Plaintiff,
Carolyn D. Colvin, Acting Commissioner of Social Security, Defendant.
RICHARD MARK GERGEL, District Judge.
This matter comes before the Court on Plaintiff's motion for approval of attorney's fees under 42 U.S.C. § 406(b). (Dkt. No. 27). Plaintiff has informed the Court that he was ultimately awarded Social Security disability benefits as a result of this present action and he and his children received a lump sum back benefits award of $71, 616.00. (Dkt. No. 27-2). He now seeks approval of a contingency fee for his attorney of 25% of his back benefits award, which was agreed to by Plaintiff and his counsel in a written contingency fee contract. (Dkt. No. 27-3). This would result in an attorney's fee of $17, 904.00. Counsel for Plaintiff has further informed the Court that this award is subject to offset from a previous award under the Equal Access to Justice Act ("EAJA") of $4, 000.00. (Dkt. No. 27 at 2). The Defendant has advised the Court that she does not oppose the approval of Plaintiff's attorney fee under § 406(b). (Dkt. No. 29).
The Court has reviewed the Plaintiff's 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 Plaintiff's motion to approve the fee in the amount of $17, 904.00. Since Plaintiff is entitled to an offset for previously awarded EAJA fees, Plaintiff's counsel is directed that upon receipt of the fee award approved herein to refund to Plaintiff $4, 000.00.
AND IT IS SO ORDERED.