Faust v. Colvin

Filing 25

ORDER granting 23 Motion for Attorney Fees - Signed by U.S. District Judge Louise Wood Flanagan on 5/26/2017. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civ. No. 5:14-cv-00894-FL
LORI D. FAUST,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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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 $14,000.00. 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 $5,000.00 (No. 13-cv-364-FL, ECF No.
32).
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
14,000.00
amount of $_____________, and refund to Plaintiff the smaller award between this amount and

the EAJA award.
This ________ day of May, 2017.
26th

LOUISE W. FLANAGAN
UNITED STATES DISTRICT JUDGE