Wade v. Colvin

Filing 36

ORDER granting 34 Motion for Attorney Fees - Signed by District Judge Louise Wood Flanagan on 8/23/2016. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
Civ. No. 4:14-CV-00075-FL
WILLIAM KERRY WADE,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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ORDER

Plaintiff’s counsel filed a motion for approval of attorney’s fees under section 206(b) of
the Social Security Act (Act) in the amount of $14,000.00. Attorney’s fees under section 206(b)
of the Act are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. § 406(b).
The fee request is in addition to the $2,566.97 in fees awarded by this Court under the Equal
Access to Justice Act (EAJA) (Doc. No. 33).
Defendant filed a reply 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

14,000.00
amount of $ ________________, and ordered to refund to Plaintiff the smaller award between
this amount and the EAJA award..

23rd
SO ORDERED this __________ day of August, 2016.

________________________
LOUISE W. FLANAGAN
United States District Judge