Grindstaff v. Saul

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

ASHEVILLE DIVISION

Civil No. 1:19-CV-287-FDW

RANDY GRINDSTAFF, ) )

Plaintiff, ) ) ORDER v. ) )

ANDREW SAUL, )

Commissioner of Social Security, ) )

Defendant. )

THIS MATTER is before the Court on Plaintiffs Motion for Attorney Fees (Doc. No. 16) and Defendant’s Response thereto (Doc. No. 17). Plaintiff's counsel filed a motion for approval of attorney’s fees under 42 U.S.C.§ 406(b), in the amount of $12,304.00. Attorney’s fees under 42 U.S.C. § 406(b) are paid from past-due benefits awarded to a successful claimant. Plaintiff has been awarded attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $5,800. (Doc. No. 15). 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 therefore ORDERED that Plaintiff's Motion (Doc. No. 16) is GRANTED, and the Commissioner of Social Security pay to Plaintiffs counsel, Charlotte W. Hall, the sum of $12,304.00, sent to her office at P.O. Box 58129, Raleigh, North Carolina 27658, and that Plaintiffs counsel pay to Plaintiff the sum of $5,800.00.

IT IS SO ORDERED.

Signed: February 9, 2021

Frank D. Whitney é United States District Judge Ags