Brantley v. Saul
Filing
29
ORDER granting 27 MOTION for Attorney Fees under Sec. 406(b). It is ORDERED that Plaintiff's counsel be awarded fees under 42 U.S.C. §406(b) in the amount of $12,285.75, and refund to Plaintiff the smaller award between this amount and the EAJA award. Signed by District Judge Louise Wood Flanagan on 4/28/2021. (Collins, S.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
Civ. No. 4:19-CV-00116-FL
GREGORY BRANTLEY,
Plaintiff,
v.
ANDREW SAUL,
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 $12,285.75
(Document No. 27). 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 $5,400.00. 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. §
12,285.75
406(b) in the amount of $_____________, and refund to Plaintiff the smaller award
between this amount and the EAJA award.
28th
SO ORDERED, this ____ day of April, 2021.
____________________________________
Louise W. Flanagan
UNITED STATES DISTRICT JUDGE
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