IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Sandra Rouse, ) ) C/A No. 0:18-2466-MBS Plaintiff, ) ) VS. ) ) ORDER Andrew Saul, Commissioner of Social ) Security Administration, ) ) Defendant. ) oo) On September 6, 2018, Plaintiff Sandra Rouse brought this action to obtain judicial review of a final decision of Defendant Commissioner of Social Security denying Plaintiff's application for disability and disability insurance benefits. See

(g). On October 28, 2019, the court reversed the decision of the Commissioner pursuant to sentence four of § 405(g) and remanded for further administrative proceedings. By order filed February 11, 2020, the court awarded $4,525.00 in attorney’s fees and $16.00 in expenses to Plaintiffs counsel pursuant to the Equal Access to Justice Act,

(d). This matter is before the court on Plaintiff's motion for attorney’s fees filed February 1, 2021. Plaintiff moves for an order awarding an attorney’s fee of $25,782.25 under the Social Security Act,

(b).! On February 27, 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.

> Counsel is entitled to a fee constituting 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 past benefits in the amount of $127,129.00 in back Title II benefits, of which $31,782.25 was withheld to pay attorney fees. Counsel seeks a lesser amount, stating that he has received $6,000.00 in administrative fees already.

Barnhart,

(2002). Counsel represents that, once the fees requested herein are approved, he will refund to Plaintiff the $4,525.00 attorney’s fee previously awarded. Accordingly, Plaintiffs motion for fees under

(b) is granted in the amount of $25,782.25. Counsel for Plaintiffis directed to promptly refund to Plaintiff the previously awarded attorney’s fee of $4,525.00. IT IS SO ORDERED.

/s/ Margaret B. Seymour Senior United States District Judge

Columbia, South Carolina February 18, 2021