Jones v. Berryhill

Filing 18

ORDER granting 16 Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 1/6/2021. (eef)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION MICHAEL ALLEN JONES, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil No. 1:18-CV-329-GCM ORDER Plaintiff’s counsel filed a motion for approval of attorney’s fees under 42 U.S.C. § 406(b), in the amount of $6,000.00. Attorney’s fees under 42 U.S.C. § 406(b) are paid from past-due benefits awarded to a successful claimant. Defendant filed a response, stating that under Gisbrecht v. Barnhart, 535 U.S. 789 (2002), it is the duty of the Court to determine a reasonable fee. After considering the factors identified by the Fourth Circuit in Mudd v. Barnhart, 418 F.3d 424, 428 (4th Cir. 2005), the Court finds the fees requested to be reasonable. It is ORDERED that Plaintiff’s counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $6,000.00. Signed: January 6, 2021 Case 1:18-cv-00329-GCM Document 18 Filed 01/06/21 Page 1 of 1

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