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.)

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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. ) ) ) ) ) ORDER ) ) ) ) ) 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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