Harrison v. Colvin
Filing
32
ORDER granting 30 Motion for Attorney Fees under section 406(b) of the Social Security Act. Signed by District Judge Louise Wood Flanagan on 2/1/2019. (Collins, S.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:16-CV-00227-FL
JUDY L. HARRISON,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.
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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 $9,274.00. 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 $2,274.00.
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
9,274.00
amount of $_____________, and refund to Plaintiff the smaller award between this amount and
the EAJA award.
SO ORDERED, this 1st day of February, 2019.
____________________________
LOUISE W. FLANAGAN
United States District Judge
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