Hoxit v. Saul

District Court, W.D. North Carolina

Hoxit v. Saul

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION No. 1:21-CV-0001-GCM LESLIE HOXIT, ) ) Plaintiff, ) ) v. ) ORDER ) MARTIN O’MALLEY, ) Commissioner of ) Social Security, ) ) Defendant. ) ___)

This matter is before the Court upon Plaintiff's Motion for Attorney Fees pursuant to

42 U.S.C. § 406

(b). 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 $25,196.25. Plaintiff’s counsel will reimburse Plaintiff any fees he previously received under the Equal Access Justice Act (EAJA),

28 U.S.C. § 2412

. Signed: March 4, 2024 Labal Ihe Graham C. Mullen United States District Judge eee

Reference

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