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

(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,

(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,

(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

(b). Plaintiff received $73,072.00 in back Title II benefits.

Barnhart,

(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

(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