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)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:18-cv-464-MOC TERRY DAVIS, ) ) ) ) ) ) ) ) ) ) ) ) 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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