GRAY v. COLVIN, 5:13-CV-413-BO. (2015)
Court: District Court, E.D. North Carolina
Number: infdco20150928864
Visitors: 12
Filed: Sep. 24, 2015
Latest Update: Sep. 24, 2015
Summary: ORDER TERRENCE W. BOYLE , District Judge . Plaintiff's counsel filed a motion for approval of attorney's fees under 206(b) of the Social Security Act (Act), 42 U.S.C. 406(b), in the amount of $16,160.00. Attorney's fees under section 206(b) of the Act are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. 406(b). The Commissioner generally withholds 25% of the past-due benefits owed to a claimant to pay potential attorney's fees, and an attorney may receive up to
Summary: ORDER TERRENCE W. BOYLE , District Judge . Plaintiff's counsel filed a motion for approval of attorney's fees under 206(b) of the Social Security Act (Act), 42 U.S.C. 406(b), in the amount of $16,160.00. Attorney's fees under section 206(b) of the Act are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. 406(b). The Commissioner generally withholds 25% of the past-due benefits owed to a claimant to pay potential attorney's fees, and an attorney may receive up to 2..
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ORDER
TERRENCE W. BOYLE, District Judge.
Plaintiff's counsel filed a motion for approval of attorney's fees under § 206(b) of the Social Security Act (Act), 42 U.S.C. § 406(b), in the amount of $16,160.00. Attorney's fees under section 206(b) of the Act are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. § 406(b). The Commissioner generally withholds 25% of the past-due benefits owed to a claimant to pay potential attorney's fees, and an attorney may receive up to 25% of the past-due benefits. Id. 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 $16,160,00
SO ORDERED.
Source: Leagle
