Christian v. Commissioner of Social Security Administration, No. 3:2011cv01422 - Document 29 (D.S.C. 2012)
Court Description: OPINION AND ORDER granting 26 Motion for Attorney Fees per Rule 406b Signed by Honorable J Michelle Childs on 7/25/2012.(ydav, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Clifton Keith Christian, ) ) ) Plaintiff, ) ) v. ) ) Michael J. Astrue, Commissioner ) of the Social Security Administration, ) ) Defendant. ) ____________________________________) Civil Action. No. 3:11-cv-01422-JMC OPINION AND ORDER This matter is before the court upon motion of the Plaintiff, through his attorney, Beatrice E. Whitten, for an award of attorney s fees under the Equal Access to Justice Act ( EAJA ), 28 U.S.C. § 2412(d) and the Social Security Act, 42 U.S.C. § 406(b). The record reflects that Plaintiff was the prevailing party in this action for social security disability benefits and supplemental security income, and his net worth is less than $2 million. On May 22, 2012, Counsel for the Plaintiff Beatrice E. Whitten ( Counsel ), filed a motion for attorney s fees and costs [Doc. 21] pursuant to the Social Security Act, 42 U.S.C. § 406(b). The motion seeks reimbursement for Counsel s representation in the captioned matter in the amount of $4,632.00 which amounts to less than twenty-five percent (25%) of the past-due benefits withheld by the Social Security Administration for attorney s fees. Defendant s response to Plaintiff s Motion for Attorney Fees under EAJA and 42 U.S.C. § 406(b) [Doc. 28] notifies the court that he does not oppose Plaintiff s request for fees in the amount stated herein pursuant to the EAJA. The court has reviewed Counsel s fee petition and the signed fee agreement that was submitted with the petition, and finds Counsel s request for fees reasonable. Therefore, the Plaintiff is entitled to an award of attorney s fees under the EAJA in the amount of $4,632.00 for costs and expenses. IT IS SO ORDERED. United States District Judge Greenville, South Carolina July 25, 2012
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