Clanton v. O'Malley ( 2024 )

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION NO. 4:20-CV-00046-D KEVIN CLANTON, ) ) Plaintiff, ) ) Vv. ) ORDER APPROVING ) MOTION FOR MARTIN O’MALLEY, ) ATTORNEY FEES PURSUANT ACTING COMMISSIONER OF ) TO 42 US.C. §406(b) SOCIAL SECURITY ) ADMINISTRATION, ) ) Defendant. ) Plaintiff's counsel files a motion for approval of attorney’s fees under section 406(b) of the Social Security Act, 42 U.S.C. ' 406(b), in the amount of $34,908.00. Attorney’s fees under section 406(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. ' 406(b). Defendant filed a response stating that, under Gisbrecht v. Barnhardt, 535 U.S. 789, 122 S. Ct. 1817 (2002), it is the duty of the Court to determine a reasonable fee. IT IS HEREBY ORDERED that Plaintiffs counsel be awarded fees under 42 U.S.C. ' 406(b) in the amount of $34,908.00. SO ORDERED. This the 28 day of February, 2024. <— Rey GA JAMES C. DEVER III United States District Judge