Munson v. Berryhill

Filing 20

ORDER re: 18 Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 2/25/2020. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
KATHY R. MUNSON,
Plaintiff,
v.
ANDREW M. SAUL,
Commissioner of Social Security,
Defendant.

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Civ. No. 5:17-00185-GCM

ORDER
Plaintiff’s counsel filed a motion for approval of attorney fees under section 206(b) of the
Social Security Act, 42 U.S.C. § 406(b), in the amount of $30,000.00. Attorney fees awarded
under 42 U.S.C. § 406(b) may not exceed 25% of the total of the claimant’s past-due benefits.
Plaintiff previously has been awarded attorney fees under the Equal Access to Justice Act
(EAJA), 28 U.S.C. § 2412, in the amount of $3,800.00. 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.
It is ORDERED that Plaintiff’s counsel be awarded fees under 42 U.S.C. § 406(b) in the
amount of $30,000. Plaintiff’s counsel will refund to Plaintiff the smaller amount between this
amount and any fee amount that previously was received under the EAJA.

Signed: February 25, 2020