Jefferys v. Colvin

Filing 34

ORDER granting 30 Motion for Attorney Fees - Signed by District Judge Louise Wood Flanagan on 10/11/2016. (Baker, C.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION DAVID MICHAEL JEFFERYS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil No. 5:12-CV-00786-FL ORDER Plaintiff’s counsel filed a motion for attorney’s fees under 42 U.S.C. § 406(b) in the amount of $9,853.00. Attorney’s fees under 42 U.S.C. § 406(b) are paid from past-due benefits awarded to a successful claimant. The fee request is in addition to the $3,971.00 in fees awarded by this Court under the Equal Access to Justice Act. Defendant filed a reply to the motion noting 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 $9,853.00 amount of $ ________________, and ordered to refund to Plaintiff the smaller award between this amount and the EAJA award. 11th So ordered, this _____ day of October 2016. _________, ___________________________________ Honorable Louise Wood Flanagan United States District Judge

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