Schilling v. Saul, 7:16-cv-00123-D. (2019)
Court: District Court, E.D. North Carolina
Number: infdco20191029g13
Visitors: 7
Filed: Oct. 22, 2019
Latest Update: Oct. 22, 2019
Summary: ORDER JAMES C. DEVER, III , District Judge . Plaintiff's counsel filed a motion for approval of attorney's fees under section 206(b) of the Social Security Act, 42 U.S.C. 406(b), in the amount of $41,246.00. Attorney's fees under section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. 406(b). Plaintiff has previously been awarded attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, in the amount of $4,881.25 (ECF No. 28). De
Summary: ORDER JAMES C. DEVER, III , District Judge . Plaintiff's counsel filed a motion for approval of attorney's fees under section 206(b) of the Social Security Act, 42 U.S.C. 406(b), in the amount of $41,246.00. Attorney's fees under section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. 406(b). Plaintiff has previously been awarded attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, in the amount of $4,881.25 (ECF No. 28). Def..
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ORDER
JAMES C. DEVER, III, District Judge.
Plaintiff's counsel filed a motion for approval of attorney's fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), in the amount of $41,246.00. Attorney's fees under section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. § 406(b). Plaintiff has previously been awarded attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $4,881.25 (ECF No. 28).
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.
It is ORDERED that Plaintiff's counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $35,000, and refund to Plaintiff the smaller award between this amount and the EAJA award.
SO ORDERED.
Source: Leagle
