Thrasher v. Saul, 7:16-CV-00311-FL. (2019)
Court: District Court, E.D. North Carolina
Number: infdco20190819775
Visitors: 3
Filed: Aug. 14, 2019
Latest Update: Aug. 14, 2019
Summary: ORDER APPROVING ATTORNEY FEES PURSUANT TO 42 U.S.C. 406(b) LOUISE W. FLANAGAN , 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 $16, 641.63. 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.
Summary: ORDER APPROVING ATTORNEY FEES PURSUANT TO 42 U.S.C. 406(b) LOUISE W. FLANAGAN , 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 $16, 641.63. 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..
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ORDER APPROVING ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b)
LOUISE W. FLANAGAN, 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 $16, 641.63. 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 $12,000.00.
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 $16,641.63, and refund to Plaintiff the smaller award ($12,000.00) between this amount and the EAJA award.
FootNotes
1. Andrew Saul is now the Commiss ioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42 USC 405(g)(action survives regardless of any change in the person occupying the office of Commissioner of Social Security).
Source: Leagle
