Johnson v. Colvin
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
No. 5:15-CV-00312 D
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
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
day of June 2017.
Chief United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?