Opinion

Brown v. Saul

Court
District Court, W.D. North Carolina
Filed
Oct 15, 2024
Cited by
0 cases
Authority
More cited than 31.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

No. 3:20-CV-328-GCM

TAMINA BROWN, )

)

Plaintiff, )

)

v. ) ORDER

)

MARTIN O’MALLEY, )

Commissioner of )

Social Security, )

)

Defendant. )

__)

Plaintiff's counsel filed a motion for approval of attorney’s fees under § 406(b) of the

Social Security Act, in the amount of $10,000.00. Plaintiffs counsel was previously awarded

fees in the amount of $4,900.00 (Doc. No. 24). The SSA subsequently awarded the Plaintiff

past-due benefits in the amount of $96,472.00, 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 $10,000.00.

Signed: October 15, 2024

Lihat he

Graham C. Mullen Le

United States District Judge gt

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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