Heaggans v. Saul

Filing 33

ORDER granting Plaintiff's 30 Motion for Attorney Fees § 406(b) Of The Social Security Act. Signed by US Magistrate Judge David Keesler on 3/20/24. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NO. 5:20-CV-098-DCK
LISA HEAGGANS,
Plaintiff,
v.
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. 30) filed March 4, 2024. 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 and the record, the undersigned
will grant the motion.
By the instant motion, Plaintiff’s counsel (the “Movant”) seeks an award of attorney fees
pursuant to 42 U.S.C. §§ 206(B) and 406(b) in the amount of $17,250.00. (Document No. 30, p.
1). Movant notes that “[t]his represents less than 25% of the back benefits awarded to Plaintiff by
the Social Security Administration (“SSA”).” Id. (citing Document No. 30-1, p. 1). Movant also
contends that the fees sought are reasonable, noting that Plaintiff has been “awarded more than
$100,000.00 in total back benefits as well as ongoing benefits.” (Document No. 30, p. 2) (citing
Mudd v. Barnhart, 418 F.3d 424, 428 (4th Cir. 2005) and (Document No. 30-1, p. 1)).
“Defendant’s Response…” states that it “neither supports nor opposes counsel’s request
for attorney’s fees.” (Document No. 32, p. 2). Defendant notes that the request for fees must

satisfy the “requirement of reasonableness” and that “attorney’s fees awarded under 42 U.S.C. §
406(b) may not exceed 25% of the total of the claimant’s past-due benefits” Id.
Based on the parties’ briefs and the applicable legal authority, the undersigned will allow
Movant’s request.
IT IS, THEREFORE, ORDERED that “Plaintiff’s Motion For Attorney Fees Under §
406(b) Of The Social Security Act” (Document No. 30) is GRANTED.
IT IS FURTHER ORDERED that Movant, Derrick K. Arrowood, is awarded the sum of
$17,250.00, to be sent by the Commissioner to Movant’s office at P.O. Box 58129, Raleigh, North
Carolina 27658. Upon receipt of such payment, Movant shall refund to Plaintiff the EAJA fee
award of $5,250.00.
SO ORDERED.
Signed: March 20, 2024

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