Dixon v. Colvin

Filing 34

ORDER granting 31 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 10/27/2017. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:14-CV-00228-FL
BILLY G. DIXON,
Plaintiff,
vs.
NANCY A. BERRYHILL,
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, 42 U.S.C. § 406(b), in the amount of $10,443.00. 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 $3,695.25.
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 $10, 443.00, and refund to Plaintiff the smaller award between this amount and the
EAJA award.
27th
SO ORDERED, this ______ day of October, 2017.

____________________________
LOUISE W. FLANAGAN
United States District Judge