UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:20-cv-388-MOC-WCM

JASON WHEELER, ) ) Plaintiff, ) ) ORDER MARTIN O°’ MALLEY, ) Commissioner of ) Social Security, ) ) Defendant. )

THIS MATTER is before the Court on Plaintiff's Motion for Attorney’s Fees, seeking fees in the amount of $17,020.50 of Plaintiff’s past due benefits, under the Social Security Act,

(b). (Doc. No. 23). Plaintiff's attorney has been granted fees by this Court in the amount of $3,700.00, under the Equal Access to Justice Act (EAJA),

. Defendant has filed a response, noting that, under Gisbrecht v. Barnhart,

(2002), it is the duty of the Court to determine a reasonable fee. Upon review of the materials, the Court finds that Plaintiff's request for attorney fees is reasonable. The motion for attorney fees is GRANTED. Therefore, it is ordered that Plaintiff's attorney may collect a fee of 25% of plaintiff's past due benefits. Plaintiff's attorney must refund to Plaintiff the EAJA award of $3,700.00.

IT IS SO ORDERED. Signed: February 21, 2024

agen Max O. Cogburn Jr