Davis v. Berryhill
Filing
26
ORDER granting 23 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 11/18/2022. (ams)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-464-MOC
TERRY DAVIS,
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Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of
Social Security
Defendant.
___________________________________
ORDER
THIS MATTER is before the Court on counsel for Plaintiff’s Motion for Attorney’s
Fees under 42 U.S.C. § 406(b) in the amount of $$11,558.50. (Doc No. 23). Defendant filed a
response, stating that under Gisbrecht v. Barnhart, 535 U.S. 789 (2002), it is the duty of the
Court to determine a reasonable fee. The Court finds that the requested amount is reasonable and
enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that Plaintiff’s counsel is awarded fees under 42
U.S.C. § 406(b) in the amount of $$11,558.50, and, if applicable, ordered to refund to Plaintiff the
smaller award between this amount and the amount counsel previously received under the EAJA.
Signed: November 18, 2022
1
Case 3:18-cv-00464-MOC Document 26 Filed 11/21/22 Page 1 of 1
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