Tanner v. Commissioner of the Social Security Administration
Pamela P Tanner |
Commissioner of the Social Security Administration |
4:2013cv03057 |
November 11, 2013 |
US District Court for the District of South Carolina |
Florence Office |
Berkeley |
Joseph F Anderson |
Thomas E Rogers |
Disability Insurance |
42 U.S.C. ยง 405 |
None |
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Filing 34 ORDER: It is ordered that the Commissioner pay reasonable attorney fees totaling $20,464 to be drawn out of the 25% amount withheld from the plaintiff's past due benefits. As this court has already awarded attor ney fees to counsel under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) in the amount of $3,195.55, plaintiff's counsel must refund that amount ($3,195.55) to the plaintiff. See Gisbrecht at 796. Additionally, the Co mmissioner is directed to certify payment in the amount of $3,408.50 and to charge such amount as overpayment to the plaintiff's child according to the Commissioner's internal operating instructions, Program Operating Systems (POMS) § GN 03920.055, as this amount was inadvertently not withheld from the plaintiff's child.IT IS SO ORDERED. Signed by Honorable Joseph F Anderson, Jr on 11/05/2015.(dsto, ) |
Filing 27 ORDER granting 24 Motion for Attorney Fees. The Commissioner shall pay the plaintiff attorney's fees in the amount of $3,195.55 (representing16.7 hours at $191.35 per hour). Costs in the amount of $400 are also granted. Signed by Honorable Joseph F Anderson, Jr on 9/8/2014.(gnan ) |
Filing 21 ORDER granting 20 Motion to Remand. This Court hereby REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g)with a REMAND of the cause to the Commissioner for further administrative proceedings. Signed by Magistrate Judge Thomas E Rogers, III on 7/22/2014.(gnan ) |
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Plaintiff: Pamela P Tanner | |
Represented By: | Robertson H Wendt, Jr |
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Defendant: Commissioner of the Social Security Administration | |
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