Faulk v. Colvin
ORDER granting 30 First Motion for Attorney Fees under Section 406(b) of the Social Security Act - Signed by District Judge Louise Wood Flanagan on 2/13/2017. (Tripp, S.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Civ. No. 4:15-CV-00203-FL
NANCY A. BERRYHILL,
Acting Commissioner of
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 $7,402.95. 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 twice under the Equal Access to
Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $2,747.75 (Dkt. No. 29) and $3,597.50
(Dkt. No. 30-3).
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 $_____________, and refund to Plaintiff the smaller award between this amount and
the EAJA award.
SO ORDERED, this 13th day of February, 2017.
LOUISE W. FLANAGAN
United States District Judge
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