Andrews v. Saul, 7:17-00103-KS. (2019)
Court: District Court, E.D. North Carolina
Number: infdco20191030h27
Visitors: 21
Filed: Oct. 23, 2019
Latest Update: Oct. 23, 2019
Summary: ORDER KIMBERLY A. SWANK , Magistrate Judge . Plaintiff's counsel filed a motion for approval of attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. 406(b), in the amount of $18,990.38. Attorney fees awarded under 42 U.S.C. 406(b) may not exceed 25% of the total of the claimant's past-due benefits. Plaintiff previously has been awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, in the amount of $4,065.00. Defendant filed a response,
Summary: ORDER KIMBERLY A. SWANK , Magistrate Judge . Plaintiff's counsel filed a motion for approval of attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. 406(b), in the amount of $18,990.38. Attorney fees awarded under 42 U.S.C. 406(b) may not exceed 25% of the total of the claimant's past-due benefits. Plaintiff previously has been awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, in the amount of $4,065.00. Defendant filed a response, ..
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ORDER
KIMBERLY A. SWANK, Magistrate Judge.
Plaintiff's counsel filed a motion for approval of attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), in the amount of $18,990.38. Attorney fees awarded under 42 U.S.C. § 406(b) may not exceed 25% of the total of the claimant's past-due benefits. Plaintiff previously has been awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $4,065.00. 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 $18,990.38. Plaintiff's counsel will refund to Plaintiff the smaller amount between this amount and any fee amount that previously was received under the EAJA.
SO ORDERED.
Source: Leagle
