In this note, we propose a modified priority algorithm for the uplink scheduler of Mobile WiMAX. The proposed algorithm guarantees the delay property of the real-time traffic by imposing a threshold to the bandwidth request messages of the non real-time Polling Service (nrtPS). Each service class is serviced exhaustively (until empty) to overcome on the starving of lower priority service class which is the Best Effort (BE). The threshold value can be adjusted according to the load demand of the networks. Simulation results, found at the end of this study show that the proposed algorithm is fairer and delivers higher throughput of the BE service class.