Singleton v. Berryhill

Filing 28

ORDER granting 25 Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 9/10/2019. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO.: 3:17-cv-552-FDW-DSC
WILLIE SINGLETON,
PLAINTIFF,
VS.
ANDREW SAUL,
COMMISSIONER
OF SOCIAL SECURITY,
DEFENDANT.

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ORDER

THIS MATTER is before the Court on the Motion for Attorney’s Fees filed by Plaintiff’s
counsel, George C Piemonte, on August 25, 2019.

Document #25. The Defendant “neither

supports nor opposes counsel’s request.” Document #27 at 1. 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 twenty-five per cent of past-due benefits.
In the instant case, the fee agreement between the Plaintiff and counsel provides for a
contingency fee of twenty-five per cent of past-due 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 and finds it to be reasonable.
Accordingly, counsel’s Motion is ALLOWED. Plaintiff was awarded $106,020.00 in past-due
benefits at the administrative level after this Court entered judgment. The Social Security
Administration shall release the sum of $8,919.12 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

$5,700.00 previously awarded and paid to Plaintiff’s counsel pursuant to the Equal Access to
Justice Act.
SO ORDERED.
Signed: September 10, 2019