Smith v. Berryhill

Filing 24

ORDER granting 22 Motion for Attorney Fees. Signed by District Judge Robert J. Conrad, Jr on 11/16/2021. (brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-00300-RJC
JESSE SMITH,
)
)
Plaintiff,
)
)
v.
)
)
ORDER
NANCY A. BERRYHILL,
)
Acting Commissioner of
)
Social Security,
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)
Defendant.
)
__________________________________________ )
THIS MATTER comes before the Court on Plaintiff’s Motion for Attorney’s Fees (the
“Motion”). (Doc. No. 22). In the Motion, Plaintiff contends that he is entitled to attorney’s fees
in the amount of $15,249.65, which represents less than 25% of Plaintiff’s accrued back benefits,
to be paid from Plaintiff’s back benefits pursuant to section 406(b) of the Social Security Act. 42
U.S.C. § 406(b). Defendant did not respond to or oppose the Motion.
The Court has reviewed the Motion and supporting exhibits and finds that Plaintiff has
established that he is entitled to attorney’s fees pursuant to 42 U.S.C. § 406(b). For the reasons
outlined in Plaintiff’s Motion, the Court GRANTS Plaintiff’s Motion for Attorney’s Fees. (Doc.
No. 22).
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorney’s Fees, (Doc. No.
22), is GRANTED.

The Commissioner of Social Security is hereby ORDERED to pay to Plaintiff’s counsel
the sum of $15,249.65 from Plaintiff’s back benefits and Plaintiff’s counsel shall refund the
$4,750.00 EAJA fee to Plaintiff.

Signed: November 16, 2021

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