Patterson v. Astrue

Filing 30

ORDER GRANTING WITH MODIFICATIONS 24 Plaintiff's Motion for Attorney Fees: Plaintiff's counsel is awarded fees in the amount of $9,000.00 under 406(b). Signed by US District Judge Terrence W. Boyle on 12/9/2014. (Fisher, M.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:11-CV-607-BO MICHAEL PATTERSON, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, ) ) ) ) ) ) ) ) ) ) ) ORDER Defendant. ____________________________ ) Plaintiff's counsel filed a motion for approval of attorney's fees under section 206(b) of the Social Security Act ("Act") in the amount of $11,280.00. Attorney's fees under section 206(b) of the Act are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. § 406(b). Defendant filed a reply to the motion noting that counsel's motion may be subject to dismissal as untimely under Rule 54 (d) (2) (B) of the Federal Rules of Civil Procedure and that, alternatively, 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) Ordered this in the amount of $ ~ day of ~ ~.~Je' , ~444~2014. J{~W·~ United States District Judge 2

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