Herren v. Colvin

Filing 24

ORDER granting 20 Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b). Signed by District Judge Max O. Cogburn, Jr. on 9/26/2018. (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:15-cv-00002-MOC
STEPHANIE I. HERREN,
Plaintiff,
Vs.
NANCY A. BERRYHILL, Acting Commissioner
of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on plaintiff’s Motion for Fees under 42 U.S.C. §
406(b). The Acting Commissioner has filed a Response, in which she takes no position on the
award of the fee.
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 pastdue benefits. In these circumstances, the reviewing court does not calculate a lodestar amount; it
simply reviews the fee claimed for reasonableness. See Mudd v. Barnhardt, 418 F.3d 424, 427-28
(4th Cir. 2005).
The Court has reviewed the amount requested by counsel in light of the pleadings and finds
it to be reasonable. Plaintiff was awarded $71,361.00 in past-due benefits at the administrative
level after this Court entered judgment. In light of the results achieved before this Court and upon

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remand, the sum of $11,840.25 is a reasonable attorney’s fee as no factors under Gisbrecht v.
Barnhart, 535 U.S. 789 (2002) counsel reduction of the fee award. .

ORDER
IT IS, THEREFORE, ORDERED that Motion for Fees under 42 U.S.C. § 406(b) (#20)
is GRANTED, and the Social Security Administration shall release the sum of $11,840.25 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 $5,000.00 previously awarded and paid to plaintiff’s
counsel pursuant to the Equal Access to Justice Act.

Signed: September 26, 2018

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