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.)

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.

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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