Garrett v. Saul

Filing 28

ORDER granting 25 Plaintiff's Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 1/27/2025. (kab)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION No. 1:21-CV-46-GCM JAMES GARRETT, ) ) Plaintiff, ) ) v. ) ) MICHELLE A. KING, ) Acting Commissioner of ) Social Security, ) ) Defendant. ) ________________________) ORDER This matter is before the Court upon Plaintiff’s Motion for Attorney Fees pursuant to 42 U.S.C. § 406(b). Defendant filed a response neither supporting nor opposing the fee request, but 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 THEREFORE ORDERED that Plaintiff’s counsel be awarded fees under 42 U.S.C. § 406(b) in the net amount of $32,345.50. Signed: January 27, 2025

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