Munson v. Berryhill
Munson v. Berryhill
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION KATHY R. MUNSON, ) ) Plaintiff, ) ) v. Civ. No. 5:17-00185-GCM ANDREW M. SAUL, ) Commissioner of Social Security, ) ) Defendant. ) 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. Plaintiffs 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 Labal Ihe Graham C. Mullen United States District Judge gt
Reference
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