Brown v. Saul

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION No. 3:20-CV-328-GCM TAMINA BROWN, ) ) Plaintiff, ) ) v. ) ORDER ) MARTIN O’MALLEY, ) Commissioner of ) Social Security, ) ) Defendant. ) __)

Plaintiff's counsel filed a motion for approval of attorney’s fees under § 406(b) of the Social Security Act, in the amount of $10,000.00. Plaintiffs counsel was previously awarded fees in the amount of $4,900.00 (Doc. No. 24). The SSA subsequently awarded the Plaintiff past-due benefits in the amount of $96,472.00, prompting counsel to file this second motion for fees. 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 $10,000.00. Signed: October 15, 2024 Lihat he Graham C. Mullen Le United States District Judge gt