Singleton v. Saul, 3:17-cv-552-FDW-DSC. (2019)
Court: District Court, W.D. North Carolina
Number: infdco20190911d54
Visitors: 6
Filed: Sep. 10, 2019
Latest Update: Sep. 10, 2019
Summary: ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER is before the Court on the Motion for Attorney's Fees filed by Plaintiff's counsel, George C Piemonte, on August 25, 2019. Document #25. The Defendant "neither supports nor opposes counsel's request." Document #27 at 1. Pursuant to 42 U.S.C. 406(b), whenever the Court renders a judgment favorable to a claimant, it may award attorney fees not to exceed twenty-five per cent of past-due benefits. In the instant case, the fee agreement
Summary: ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER is before the Court on the Motion for Attorney's Fees filed by Plaintiff's counsel, George C Piemonte, on August 25, 2019. Document #25. The Defendant "neither supports nor opposes counsel's request." Document #27 at 1. Pursuant to 42 U.S.C. 406(b), whenever the Court renders a judgment favorable to a claimant, it may award attorney fees not to exceed twenty-five per cent of past-due benefits. In the instant case, the fee agreement b..
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ORDER
DAVID S. CAYER, Magistrate Judge.
THIS MATTER is before the Court on the Motion for Attorney's Fees filed by Plaintiff's counsel, George C Piemonte, on August 25, 2019. Document #25. The Defendant "neither supports nor opposes counsel's request." Document #27 at 1. Pursuant to 42 U.S.C. § 406(b), whenever the Court renders a judgment favorable to a claimant, it may award attorney fees not to exceed twenty-five per cent of past-due benefits.
In the instant case, the fee agreement between the Plaintiff and counsel provides for a contingency fee of twenty-five per cent of past-due benefits. In these circumstances, the reviewing court does not calculate a lodestar amount. It simply reviews the fee claimed for reasonableness. See Mudd v. Barnhardt, 418 F.3d 424, 427-28 (4th Cir. 2005).
The Court has reviewed the amount requested by counsel and finds it to be reasonable. Accordingly, counsel's Motion is ALLOWED. Plaintiff was awarded $106,020.00 in past-due benefits at the administrative level after this Court entered judgment. The Social Security Administration shall release the sum of $8,919.12 to plaintiff's counsel as attorney's fees for services rendered before this Court. Plaintiff's counsel shall refund to the Plaintiff the amount of $5,700.00 previously awarded and paid to Plaintiff's counsel pursuant to the Equal Access to Justice Act.
SO ORDERED.
Source: Leagle
