Nay v. Colvin

Filing 44

ORDER granting 41 Motion for Attorney Fees under 406b. Signed by District Judge Louise Wood Flanagan on 8/21/2018. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
CHARLES R. NAY,

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Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

Civ. No. 4:13-00030-FL

ORDER
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 $8,692.25. 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 has previously been awarded attorney fees under the Equal Access to Justice Act
(EAJA), 28 U.S.C. § 2412, in the amount of $3,762.50. 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 $8,692.25. Plaintiff’s counsel will refund to Plaintiff the smaller amount between
this amount and any fee amount that he previously received under the EAJA.
SO ORDERED, this 21st day of August, 2018.

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Hon. Louise W. Flanagan
United States District Judge
Eastern District of North Carolina