White v. Colvin

Filing 20

ORDER re: 18 Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 2/15/2019. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
No. 5:16-CV-47-GCM

ROBERT M. WHITE,

)
)
Plaintiff,
)
)
v.
)
)
NANCY A. BERRYHILL,
)
Acting Commissioner of
)
Social Security,
)
)
Defendant.
)
____________________________________)

ORDER

Plaintiff’s counsel filed a motion for approval of attorney’s fees under section 206(b) of
the Social Security Act, 42 U.S.C. § 406(b), in the amount of $25,000.00. Attorney’s fees under
section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. §
406(b). Plaintiff has previously been awarded Equal Access to Justice Act (EAJA), 28 U.S.C. §
2412, fees in the amount of $3,599.75 and counsel will return to Plaintiff the amount awarded
under the EAJA.
Defendant filed a response neither supporting or opposing the fee request, but stating that
under Gisbrecht v. Barnhart, 535 U.S. 789 (2002), it is the duty of the Court to determine a
reasonable fee. After considering the factors identified by the Fourth Circuit in Mudd v.
Barnhart, 418 F.3d 424, 428 (4th Cir. 2005), the Court finds the fees requested to be reasonable.
It is ORDERED that Plaintiff’s counsel be awarded fees under 42 U.S.C. § 406(b) in the
amount of $25,000, and refund to Plaintiff the smaller award between this amount and
the EAJA award.
Signed: February 15, 2019