White v. Berryhill, 5:16-CV-47-GCM. (2019)
Court: District Court, W.D. North Carolina
Number: infdco20190219c49
Visitors: 17
Filed: Feb. 15, 2019
Latest Update: Feb. 15, 2019
Summary: ORDER GRAHAM C. MULLEN , 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 $25,000.00. 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 Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, fees in the amount of $3,599.75 and counsel will return to Plaintiff the
Summary: ORDER GRAHAM C. MULLEN , 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 $25,000.00. 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 Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, fees in the amount of $3,599.75 and counsel will return to Plaintiff the a..
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ORDER
GRAHAM C. MULLEN, 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 $25,000.00. 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 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, fees in the amount of $3,599.75 and counsel will return to Plaintiff the amount awarded under the EAJA.
Defendant filed a response neither supporting or opposing the fee request, but stating that under Gisbrecht v. Barnhart, 535 U.S. 789 (2002), it is the duty of the Court to determine a reasonable fee. After considering the factors identified by the Fourth Circuit in Mudd v. Barnhart, 418 F.3d 424, 428 (4th Cir. 2005), the Court finds the fees requested to be reasonable.
It is ORDERED that Plaintiff's counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $25,000, and refund to Plaintiff the smaller award between this amount and the EAJA award.
Source: Leagle
