Cates v. Berryhill, 7:16-cv-00324-D. (2019)
Court: District Court, E.D. North Carolina
Number: infdco20190328d43
Visitors: 4
Filed: Mar. 27, 2019
Latest Update: Mar. 27, 2019
Summary: ORDER JAMES C. DEVER, III , District Judge . Plaintiffs 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 $21,866.50. 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 $5,900.00. Defendant filed
Summary: ORDER JAMES C. DEVER, III , District Judge . Plaintiffs 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 $21,866.50. 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 $5,900.00. Defendant filed a..
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ORDER
JAMES C. DEVER, III, District Judge.
Plaintiffs 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 $21,866.50. 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 $5,900.00.
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 Plaintiffs counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $13,141.00, and refund to Plaintiff the smaller award between this amount and the EAJA award.
SO ORDERED.
Source: Leagle
