Jolley v. Colvin

Filing 26

ORDER granting 23 Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 01/03/18. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO.: 1:14-cv-230
LISA O. JOLLEY,
PLAINTIFF,
VS.
NANCY A. BERRYHILL,
ACTING COMMISSIONER
OF SOCIAL SECURITY,
DEFENDANT.

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ORDER

THIS MATTER is before the Court on the Motion for Attorneys’ Fees (Doc. No. 23)
filed by plaintiff’s counsel, George C. Piemonte, on December 1, 2017. 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.
In the instant case, the fee agreement between the Plaintiff and counsel provides for a
contingency fee of 25% of past-due benefits. In these circumstances, the reviewing court simply
reviews the fee claimed for reasonableness. See Mudd v. Barnhardt, 418 F.3d 424, 427–28 (4th
Cir. 2005) (citing Gisbrecht v. Barnhart, 535 U.S. 789, 801 (2002)).
Plaintiff was awarded $94,454.00 in past-due benefits at the administrative level after this
court entered judgment. Plaintiff’s counsel requests a fee of $17,113.50, which, when
considered with prior fees awarded to counsel, represents 25% of the total award. The Court has
reviewed the amount requested by counsel and finds it to be reasonable in light of the fee
agreement and amount of work expended by counsel. The fee is in line with the results
achieved, and there is no indication that counsel caused unnecessary delay or that “the benefits

are large in comparison to the amount of time counsel spent on the case.” Gisbrecht, 535 U.S. at
808.
Accordingly, counsel’s Motion is GRANTED. The Social Security Administration shall
release the sum of $17,113.50 to Plaintiff’s counsel as attorney’s fees for services rendered
before this court. Plaintiff’s counsel shall refund to the Plaintiff the amount of $5,600.00
previously awarded and paid to Plaintiff’s counsel pursuant to the Equal Access to Justice Act.
SO ORDERED.

Signed: January 3, 2018