Johnson v. Colvin
Filing
35
ORDER granting 32 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 6/12/2017. (Briggeman, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-00312 D
CEDRIC JOHNSON,
Plaintiff,
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
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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$ 2,500. 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$ 370.00 (D.E. #30). Plaintiffhas been
previously awarded $6,000.00 in administrative 406(a) fees.
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
amount of $2,500.00, and refund to Plaintiff the smaller award between this amount and
the EAJA award.
SO ORDERED. This
I
2..
day of June 2017.
Chief United States District Judge
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