Mitchell v. Colvin

Filing 44

ORDER granting 40 Motion for Attorney Fees - Signed by District Judge Louise Wood Flanagan on 10/1/2015. (Baker, C.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:13-cv-00477-FL
JAMES MARCELL MITCHELL,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.

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ORDER

Plaintiff’s counsel filed a petition requesting $11,987.98 in attorney’s fees under section
206(b) of the Social Security Act, 42 U.S.C. § 406(b). (Docket Entry (“DE”) 40, DE 41.) These
fees are paid from past-due benefits awarded to a successful claimant. See 42 U.S.C. § 406(b).
Plaintiff’s counsel has previously received $6,000 for work performed before the Social Security
Administration. (DE 41 at 2.) Plaintiff has also been awarded $4,024.70 in fees under the Equal
Access to Justice Act, 28 U.S.C. § 2412. (DE 37.)
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
$11,987.98
amount of _____________________, and it is also ORDERED that Plaintiff’s counsel shall

refund to Plaintiff any fees in excess of $17,987.98, which is 25% of Plaintiff’s past due benefits.
October
This 1st day of _____________, 2015.
___

___________________________________
LOUISE W. FLANAGAN
United States District Judge