Brantley v. Saul
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
Civ. No. 4:19-CV-00116-FL
Commissioner of Social Security,
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. §
406(b) in the amount of $_____________, and refund to Plaintiff the smaller award
between this amount and the EAJA award.
SO ORDERED, this ____ day of April, 2021.
Louise W. Flanagan
UNITED STATES DISTRICT JUDGE
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