Smith v. Saul

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION 5:20-cv-01-MOC LC SMITH, ) ) ) 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 $33,441.75, less the $7,250.00 previously paid to Plaintiff's counsel pursuant to the Equal Access to Justice Act. (Doc No. 32). 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. 35). The Court finds that the requested amount is reasonable. ORDER IT IS, THEREFORE, ORDERED that Defendant shall pay from the Plaintiffs past due benefits directly to the Plaintiff's attorney, George C. Piemonte, the amount of $26,191.75 to Plaintiffs attorney for the net attorney’s fees pursuant to the Social Security Act, 42 U.S.C. § 406(b) within a reasonable time.

February 1, 2023

Koren Max O. Cogburn i ) United States District Judge a ga Be