Munson v. Saul, 5:17-00185-GCM. (2020)
Court: District Court, W.D. North Carolina
Number: infdco20200226b19
Visitors: 20
Filed: Feb. 25, 2020
Latest Update: Feb. 25, 2020
Summary: ORDER GRAHAM C. MULLEN , 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 $30,000.00. Attorney fees awarded under 42 U.S.C. 406(b) may not exceed 25% of the total of the claimant's past-due benefits. Plaintiff previously has been awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, in the amount of $3,800.00. Defendant filed a response, st
Summary: ORDER GRAHAM C. MULLEN , 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 $30,000.00. Attorney fees awarded under 42 U.S.C. 406(b) may not exceed 25% of the total of the claimant's past-due benefits. Plaintiff previously has been awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, in the amount of $3,800.00. Defendant filed a response, sta..
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ORDER
GRAHAM C. MULLEN, 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 $30,000.00. Attorney fees awarded under 42 U.S.C. § 406(b) may not exceed 25% of the total of the claimant's past-due benefits. Plaintiff previously has been awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $3,800.00. 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 $30,000. Plaintiff's counsel will refund to Plaintiff the smaller amount between this amount and any fee amount that previously was received under the EAJA.
Source: Leagle
