Pope v. Colvin

Filing 45

ORDER granting 41 Motion for Attorney Fees It is ORDERED that Plaintiffs counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $10,000, and refund to Plaintiff the smaller award between this amount and the EAJA award. Signed by Chief Judge James C. Dever III on 12/29/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:14-cv-473-D
MALCOLM POPE,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.

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ORDER

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Plaintiffs counsel filed a motion for approval of attorney's fees under section 206(b) of
the Social Security Act, 42 U.S.C. § 406(b), in the amount of$10,826.50. Attorney's fees under
section 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$5.700.00 (ECF No. 39).
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 Plaintiffs counsel be awarded fees under 42 U.S.C. § 406(b) in the

amountof$ \0 1 000

, and refund to Plaintiff the smaller award between this amount and

the EAJA award.
SO ORDERED. This J...1_ day of December 2017.

~ _DQ_~v\

J
S C. DEVER III
Chief United States District Judge