Brown v. Colvin

Filing 26

ORDER granting Pltf's 25 Unopposed Motion for Attorney Fees under Sec. 406(b). Signed by Senior Judge Graham Mullen on 12/11/2017. (ejb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-96

CHARLES BROWN,
Plaintiff,
v.
NANCY BERRYHILL,
Acting Commissioner Of
Social Security,
Defendant.

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Order

THIS MATTER is before the Court on Plaintiff’s Unopposed Motion for Attorney’s
Fees. (Doc. No. 25).
Under 42 U.S.C. § 406(b), whenever a claimant receives a favorable judgment to a
claimant represented by an attorney, the court may “allow as part of its judgment a reasonable
fee for such representation, not in excess of 25 percent of the total of the past-due benefits to
which the claimant is entitled.” Counsel for Plaintiff has shown that she has expended 68.5
hours on Plaintiff’s case and requests a fee of $14,780.50 from the Commissioner, which is less
than 25 percent of the past-due benefits to which Plaintiff is entitled. The Commissioner has not
opposed this Motion and has previously indicated to Plaintiff that it does not believe this fee
would result in a windfall to Plaintiff’s counsel.
Upon receipt of the § 406(b) fee, Plaintiff’s counsel will reimburse Plaintiff the EAJA fee
of $11,886.25 that was previously ordered by this Court. (Doc. No. 21)

It is therefore ORDERED that the Commissioner of Social Security pay to Plaintiff’s
counsel the sum of $14,780.50 from Plaintiff’s back benefits and Plaintiff’s counsel pay to
Plaintiff $11,886.25. Upon the payment of such sums this case is dismissed with prejudice.

Signed: December 11, 2017

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