Beamon v. Berryhill

Filing 21

ORDER granting 19 Motion for Attorney Fees. Signed by Magistrate Judge David Keesler on 5/24/2019. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:17-CV-162-DCK
ALEXANDER BEAMON,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Motion For Attorney Fees
Under § 406(b) Of The Social Security Act” (Document No. 19) filed May 1, 2019. The parties
have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate
review is appropriate.

Having carefully considered the motion, the record, and applicable

authority, the undersigned will grant the motion.
Plaintiff has previously been awarded attorney fees under the Equal Access to Justice Act
(EAJA), 28 U.S.C. § 2412, in the amount of $4,500.00. See (Document No. 18). Attorney fees
awarded under 42 U.S.C. § 406(b) may not exceed 25% of the total of the claimant’s past due
benefits. It appears that the Social Security Administration determined that Plaintiff’s past due
benefits are $59,292.00, and thus withheld $14,823 for Plaintiff’s representative’s fees.
(Document No. 19-2, pp. 3-4).
By the instant motion, Plaintiff seeks an award in the amount of eight thousand eight
hundred twenty-three dollars ($8,823.00) for 23.75 hours of work on this case. (Document No.
19); see also (Document No. 17-1).

“Defendant’s Response…” states that “Defendant neither supports nor opposes Plaintiff’s
counsel’s request for attorney fees.” (Document No. 20). Defendant notes that it is for the Court
to decide if the request for attorney fees under 42 U.S.C. § 406(b) is reasonable under the law. Id.
(citing Gisbrecht v. Barnhart, 535 U.S. 789, 809 (2002)). Defendant further notes that the Fourth
Circuit considers “the following factors relevant to the district court’s reasonableness inquiry: the
overall complexity of the case, the lawyering skills necessary to handle it effectively, the risks
involved, and the significance of the result achieved in district court. (Document No. 20, p. 1)
(citing Mudd v. Barnhart, 418 F.3d 424, 428 (4th Cir. 2005)).
Although Plaintiff’s motion fails to include a memorandum, or to otherwise address the
reasonableness of the request, the undersigned will allow the requested relief this time.
IT IS, THEREFORE, ORDERED that “Plaintiff’s Motion For Attorney Fees Under §
406(b) Of The Social Security Act” (Document No. 19) is GRANTED. Plaintiff’s counsel shall
be awarded fees under 42 U.S.C. § 406(b) in the amount of eight thousand eight hundred twentythree dollars ($8,823.00) from Plaintiff’s back benefits; and Plaintiff’s counsel shall pay to
Plaintiff four thousand five hundred dollars ($4,500.00).
SO ORDERED.
Signed: May 24, 2019

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