Hedgpeth v. Berryhill, 7:16-CV-00372-BO. (2019)
Court: District Court, E.D. North Carolina
Number: infdco20190226c45
Visitors: 10
Filed: Feb. 25, 2019
Latest Update: Feb. 25, 2019
Summary: ORDER TERRENCE W. BOYLE , Chief District Judge . Plaintiff's counsel filed a motion for approval of attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. 406(b), in the amount of $20,811.50. 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 $6,000.00. Defendant fil
Summary: ORDER TERRENCE W. BOYLE , Chief District Judge . Plaintiff's counsel filed a motion for approval of attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. 406(b), in the amount of $20,811.50. 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 $6,000.00. Defendant file..
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ORDER
TERRENCE W. BOYLE, Chief District Judge.
Plaintiff's counsel filed a motion for approval of attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), in the amount of $20,811.50. 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 $6,000.00.
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 $ 18,000, and refund to Plaintiff the smaller award between this amount and the EAJA award.
SO ORDERED.
Source: Leagle
