Wagner v. Colvin

Filing 49

ORDER granting 46 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 6/23/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-00464 D
ERIC J. WAGNER,
Plaintiff,

v.
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$ 10,513.75. 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$ 4,679.50 (D.E. #41). 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 $10,513.75, and refund to Plaintiffthe smaller award between this amount and
the EAJA award.
SO ORDERED. This

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day of June, 2017.

Chief United States District Judge