Blackwell v. Astrue
ORDER granting 34 Motion for Attorney Fees - Signed by District Judge Louise Wood Flanagan on 01/07/2015. (Baker, C.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
LENORA E. BLACKWELL,
Acting Commissioner of Social Security,
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
amount of $_____________, and refund to Plaintiff the smaller award between this amount and the
This _____ day of _____________, 2015
LOUISE WOOD FLANAGAN
UNITED STATES DISTRICT JUDGE
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