Smith v. Saul, 5:18-cv-65-FL. (2019)
Court: District Court, E.D. North Carolina
Number: infdco20200102540
Visitors: 18
Filed: Dec. 31, 2019
Latest Update: Dec. 31, 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 (the "Act"), 42 U.S.C. 406(b), in the amount of $12,000.00. 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 $2,268.00 (ECF N
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 (the "Act"), 42 U.S.C. 406(b), in the amount of $12,000.00. 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 $2,268.00 (ECF No..
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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 (the "Act"), 42 U.S.C. § 406(b), in the amount of $12,000.00. 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 $2,268.00 (ECF No. 23).
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 section 206(b) of the Act, 42 U.S.C. § 406(b), in the amount of $_____________, and12,000.00 refund to Plaintiff the smaller award between this amount and the EAJA award.
SO ORDERED.
Source: Leagle
