Rogers v. Berryhill

Filing 19

ORDER granting 16 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 6/4/2024. (ams)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:18-cv-00353-MOC-WCM TABITHA SARAH ROGERS, Plaintiff, v. MARTIN O’ MALLEY, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on Plaintiff’s Motion for Attorney’s Fees, seeking fees in the amount of $14,937.00 of Plaintiff’s past due benefits, under the Social Security Act, 42 U.S.C. § 406(b). (Doc. No. 16). The Court did not award fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in this matter. Defendant has filed a response, noting that, under Gisbrecht v. Barnhart, 535 U.S. 789, 809 (2002), it is the duty of the Court to determine a reasonable fee. Upon review of the materials, the Court finds that Plaintiff’s request for attorney fees is reasonable. The motion for attorney fees is GRANTED. Therefore, it is ordered that Plaintiff’s attorney may collect a fee of 25% of plaintiff’s past due benefits, or $14,937.00. IT IS SO ORDERED. Signed: June 4, 2024 1

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