Blackwell v. Astrue

Filing 36

ORDER granting 34 Motion for Attorney Fees - Signed by District Judge Louise Wood Flanagan on 01/07/2015. (Baker, C.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:12-cv-00651-FL LENORA E. BLACKWELL, Plaintiff, v. CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER Plaintiff’s counsel filed a motion for approval of attorney’s fees under § 206(b) of the Social Security Act, 42 U.S.C. § 406(b), in the amount of $7,672.15. Attorney’s fees under § 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 $3,500.00 (D.E. #33). 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 7,672.15 amount of $_____________, and refund to Plaintiff the smaller award between this amount and the EAJA award. 7th This _____ day of _____________, 2015 January ___________________________ LOUISE WOOD FLANAGAN UNITED STATES DISTRICT JUDGE

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