Davis v. Berryhill ( 2022 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:18-cv-464-MOC TERRY DAVIS, ) ) ) 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 $$11,558.50. (Doc No. 23). Defendant filed a response, stating that under Gisbrecht v. Barnhart, 535 U.S. 789 (2002), it is the duty of the Court to determine a reasonable fee. The Court finds that the requested amount is reasonable and enters the following Order. ORDER IT IS, THEREFORE, ORDERED that Plaintiff's counsel is awarded fees under 42 U.S.C. § 406(b) in the amount of $$11,558.50, and, if applicable, ordered to refund to Plaintiff the smaller award between this amount and the amount counsel previously received under the EAJA. November 18, 2022 Hernan <<. Max O. Cogburn ifs 2) United States District Judge Tote t