Kelley v. Kijakazi

District Court, W.D. North Carolina

Kelley v. Kijakazi

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION 5:20-cv-71-MOC PATRICK CECIL KELLEY, ) ) ) Plaintiff, ) ) v. ) ORDER ) KILOLO KIJAKAZI, ) Acting Commissioner of ) Social Security ) Defendant. ) □ )

THIS MATTER is before the Court on counsel for Plaintiff's Motion for Attorney’s Fees under

42 U.S.C. § 406

(b) in the amount of $23,744. (Doc No. 25). Defendant filed a Response to the Motion, noting that under Gisbrecht v. Barnhart,

535 U.S. 789

(2002), it is the duty of the Court to determine a reasonable fee. (Doc No. 27). The Court finds that the requested amount is reasonable. The Court therefore GRANTS the motion. ORDER IT IS, THEREFORE, ORDERED that Plaintiff's attorney Erik W. Berger is awarded an attorney’s fee in the amount of $23,744 pursuant to the Social Security Act,

42 U.S.C. § 406

(b). Plaintiffs counsel shall reimburse Plaintiff $6,100, representing the sum already paid to counsel on Plaintiff's behalf under the Equal Access Justice Act,

28 U.S.C. § 2412

.

March 27, 2023

Hernan <<. Max O. Cogburn i ) United States District Judge Tote t

Reference

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