Goode v. Colvin

Filing 29

ORDER granting plaintiff's 26 Motion for Attorney Fees. Signed by Chief Judge Frank D. Whitney on 8/7/2018. (maf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO.: 1:14-cv-56
CYNTHIA D. GOODE,
PLAINTIFF,
VS.
NANCY A. BERRYHILL,
ACTING COMMISSIONER
OF SOCIAL SECURITY,
DEFENDANT.

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ORDER

This matter is before the Court on the amended motion for attorney’s fees filed by
plaintiff’s counsel, George C Piemonte, on July 3, 2018 (Doc. No. 26). Pursuant to 42 U.S.C.
§406(b), whenever the court renders a judgment favorable to a claimant, it may award attorney
fees not to exceed 25% of past-due benefits.
The Court previously denied Plaintiff’s motion for attorney’s fees under the Equal Access
to Justice Act (EAJA), 28 U.S.C. § 2412, because the Commissioner’s position was considered
substantially justified despite the Court’s Order to remand (Doc. No. 21). Upon remand, Plaintiff
received a favorable finding her disabled and awarded past-due benefits of $37,308.70 for August
2012 through February 2016. (Doc. No. 27-1, p. 2).
Defendant filed a response, stating that it “neither supports nor opposes Plaintiff’s
counsel’s request.” (Doc. No. 28). Defendant also noted that under Gisbrecht v. Barnhart, 535
U.S. 789 (2002), it is the duty of the Court to determine a reasonable fee. In the instant case, the
fee agreement between Plaintiff and counsel provides for a contingency fee of 25% of past-due
benefits. In considering the reasonableness of this arrangement, the Court has considered the
overall complexity of the case, the lawyering skills necessary to handle it effectively, the risks

involved, and the significance of the result achieved in district court.. See Mudd v. Barnhardt, 418
F.3d 424, 427-28 (4th Cir. 2005) (citing Gisbrecht, 535 U.S. at 801, 808).
The court has reviewed the amount requested by counsel and finds it to be reasonable.
Accordingly, the Court GRANTS Plaintiff’s Motion (Doc. No. 26).

The Social Security

Administration shall release the sum of $5,293.73 to Plaintiff’s counsel as attorney’s fees for
services rendered before this court.
IT IS SO ORDERED.

Signed: August 7, 2018