Gray v. Colvin

Filing 41

ORDER granting 38 Motion for Attorney Fees. Signed by District Judge Terrence W. Boyle on 9/24/2015. The parties are reminded to read the attached order in its entirety. (Downing, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-413-BO
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BOBBY GRAY,

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Plaintiff,

v.

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ORDER

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CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,

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Defendant.

Plaintiff's counsel filed a motion for approval of attorney's fees under§ 206(b) ofthe
Social Security Act (Act), 42 U.S.C. § 406(b), in the amount of$16,160.00. Attorney's fees
under section 206(b) ofthe Act are paid from past-due benefits awarded to a successful claimant.
42 U.S.C. § 406(b). The Commissioner generally withholds 25% ofthe past-due benefits owed
to a claimant to pay potential attorney's fees, and an attorney may receive up to 25% of the pastdue benefits. !d. 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

$/J,//J, IJ • ()tO

SO ORDERED, this#dayof

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""le~IJ¥<
United States District Judge

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