Stringfield v. Saul, 7:14-cv-00209-FL. (2019)
Court: District Court, E.D. North Carolina
Number: infdco20190827a30
Visitors: 4
Filed: Aug. 26, 2019
Latest Update: Aug. 26, 2019
Summary: ORDER 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 $15,483.38 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 $5,750.00 (ECF No. 31). Defe
Summary: ORDER 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 $15,483.38 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 $5,750.00 (ECF No. 31). Defen..
More
ORDER
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 $15,483.38 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 $5,750.00 (ECF No. 31).
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 $15,483.38, and refund to Plaintiff the smaller award between this amount and the EAJA award.
SO ORDERED.
Source: Leagle
