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PATTERSON v. COLVIN, 5:11-CV-607-BO. (2014)

Court: District Court, E.D. North Carolina Number: infdco20141211b51 Visitors: 17
Filed: Dec. 09, 2014
Latest Update: Dec. 09, 2014
Summary: ORDER TERRENCE W. BOYLE, District Judge. Plaintiff's counsel filed a motion for approval of attorney's fees under section 206(b) of the Social Security Act ("Act") in the amount of $11,280.00. 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). Defendant filed a reply to the motion noting that counsel's motion may be subject to dismissal as untimely under Rule 54 (d) (2) (B) of the Federal Rules of Civil Procedu
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ORDER

TERRENCE W. BOYLE, District Judge.

Plaintiff's counsel filed a motion for approval of attorney's fees under section 206(b) of the Social Security Act ("Act") in the amount of $11,280.00. 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).

Defendant filed a reply to the motion noting that counsel's motion may be subject to dismissal as untimely under Rule 54 (d) (2) (B) of the Federal Rules of Civil Procedure and that, alternatively, 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 $9,000.00

Ordered.

Source:  Leagle

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