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