Hill v. Colvin

Filing 42

ORDER granting 38 Motion for Attorney Fees under 42 USC 406(b) - Signed by District Judge Louise Wood Flanagan on 12/21/2016. (Tripp, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:14-CV-582 FL TAMMY MARIE HILL, Plaintiff, CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ORDER ) ) ) ) ) Plaintiff’s 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 $7, 205.47. 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 $5,398.25 (D.E. #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 amount of $ 7,205.47, and refund to Plaintiff the smaller award between this amount and the EAJA award. 21st December This _____ day of ________________, 2016. _______________________________ LOUISE W. FLANAGAN UNITED STATES MAGISTRATE JUDGE

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