Boyd v. Colvin

Filing 29

ORDER granting 26 Amended MOTION for Attorney Fees Pursuant to 40 U.S.C. § 406(b). Signed by Senior Judge Graham Mullen on 6/2/2018. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO.: 3:14-cv-673
TINA L. BOYD,
PLAINTIFF,
VS.
NANCY A. BERRYHILL1,
ACTING COMMISSIONER
OF SOCIAL SECURITY,
DEFENDANT.

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ORDER

This matter is before the Court on the motion for attorneys’ fees filed by plaintiff’s counsel,
George C Piemonte, on April 20, 2018. Defendant filed a response neither supporting nor
opposing the Motion, but instead stating that under Gisbrecht v. Barnhart, 535 U.S, 789 (2002), it
is the duty of the Court to determine a reasonable 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) (citing Gisbrecht, 535 U.S. at 801, 808).

1

Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken
to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g).

Plaintiff was awarded $100,880.56 in past-due benefits at the administrative level after
this court entered judgment. Plaintiff’s counsel requests a fee of $19,220.14, 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 ALLOWED. The Social Security Administration shall
release the sum of $19,220.14 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.
SO ORDERED

Signed: July 2, 2018