White v. Colvin

Filing 23

ORDER granting 21 Motion for Attorney Fees under 42 U.S.C. § 406(b). Signed by Senior Judge Graham Mullen on 10/9/2019. (tmg)

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

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

ORDER

Plaintiff’s counsel filed a second motion for approval of attorney’s fees under § 406(b) of
the Social Security Act, in the amount of $7,904.00. Plaintiff’s counsel was previously awarded
fees in the amount of $25,000 (Doc. No. 20). The SSA subsequently awarded the Plaintiff’s son
past-due benefits in the amount of $79,040.00, prompting counsel to file this second motion for
fees. Defendant filed a response neither supporting nor 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 THEREFORE ORDERED that Plaintiff’s counsel be awarded fees under 42 U.S.C.
§ 406(b) in the amount of $7,904.00.
Signed: October 9, 2019