Harkness v. Commissioner of the Social Security Administration, No. 9:2011cv02920 - Document 31 (D.S.C. 2013)

Court Description: OPINION AND ORDER granting 28 Motion for Attorney Fees. The Plaintiff is entitled to an award of attorney's fees under 42 U.S.C. § 406(b) in the stipulated amount of $7,000 in attorney fees for costs and expenses. Signed by Honorable J Michelle Childs on 04/24/2013. (egra, ) Modified on 4/25/2013 to edit document type and edit text (mbro)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION Michael R. Harkness, ) ) ) Plaintiff, ) ) v. ) ) Carolyn W. Colvin, ) Acting Commissioner of Social Security, ) ) Defendant. ) ____________________________________) Civil Action. No. 9:11-cv-02920-JMC OPINION AND ORDER This matter is before the court upon motion of the Plaintiff, through her attorney, Beatrice E. Whitten, for an award of attorney s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412. On March 18, 2013, Counsel for the Plaintiff Beatrice E. Whitten ( Counsel ), filed a motion for attorney s fees and costs [Dkt. No. 28] pursuant to 42 U.S.C. § 406(b). The motion seeks reimbursement for counsel s representation in the captioned matter in the amount of $8,735.88 for fees (51.60 hours at $169.30 per hour) for costs and expenses. Defendant s response to Plaintiff s Motion for Attorney Fees under 42 U.S.C. § 406(b) [Doc. 29] notifies the court that he does not oppose Plaintiff s request for fees in the amount stated herein pursuant to 42 U.S.C. § 406(b). However, the parties agreed to a stipulated amount of $7,000 for attorney fees. The court has reviewed Counsel s fee petition and the signed fee agreement that was submitted with the petition, and finds Counsel s stipulated request for fees reasonable. Therefore, the Plaintiff is entitled to an award of attorney s fees under 42 U.S.C. § 406(b) in the stipulated amount of $7,000 in attorney fees for costs and expenses. 1 IT IS SO ORDERED. United States District Judge Greenville, South Carolina April 24, 2013 2

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