Mebane v. Colvin

Filing 40

ORDER granting 36 Motion for Attorney Fees. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 3/12/2018. (Collins, S.)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION Civil Action No. 2:13-cv-00043-FL JACQUELINE MEBANE, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER Plaintiff’s counsel filed a motion for attorney’s fees under 42 U.S.C. 406(b) in the amount of $10,917.25. Attorney’s fees under 42 U.S.C. 406(b) are paid from past-due benefits awarded to a successful claimant. The fee request is in addition to the $ 4,093.60 in fees Plaintiff’s counsel has received under the Equal Access to Justice Act, 28 U.S.C. 2412(d). Defendant filed a response to the motion noting 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 $____________________ (or 25% of Plaintiff’s past-due benefits, whichever is less); 10,917.25 and it is further ORDERED that Plaintiff’s counsel refund to the Plaintiff any fees received in excess of 25% of Ms. Mebane’s past-due benefits. So ordered, this ________ day of ____________________________, 2018. 12th March __________________________________ United States District Judge

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