Petersen v. Berryhill, 7:15-CV-00247-D. (2018)
Court: District Court, E.D. North Carolina
Number: infdco20181101c15
Visitors: 11
Filed: Oct. 29, 2018
Latest Update: Oct. 29, 2018
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$ 27,000.00. 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 attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, in the amount of$ 4,781.58. Defendant filed
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$ 27,000.00. 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 attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, in the amount of$ 4,781.58. Defendant filed ..
More
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$ 27,000.00. 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 attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of$ 4,781.58.
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 $27,000.00, and refund to Plaintiff the smaller award between this amount and the EAJA award.
SO ORDERED.
Source: Leagle
