Smith v. Berryhill
Filing
28
ORDER granting 25 Motion for Attorney Fees Pursuant to 42 USC §406b. Plaintiffs counsel is awarded fees under section 206(b) of the Act, 42 U.S.C. § 406(b), in the amount of $12,000.00, and is to refund to Plaintiff the smaller award between this amount and the EAJA award. Signed by District Judge Louise Wood Flanagan on 12/31/2019. (Collins, S.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civ. No. 5:18-cv-65-FL
STEVEN D. SMITH,
Plaintiff,
v.
ANDREW SAUL,
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 (the “Act”), 42 U.S.C. § 406(b), in the amount of
$12,000.00. 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 $2,268.00 (ECF No. 23).
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 section 206(b)
12,000.00
of the Act, 42 U.S.C. § 406(b), in the amount of $_____________, and refund to
Plaintiff the smaller award between this amount and the EAJA award.
31st
December
SO ORDERED, this ____ day of ______________ 2019.
____________________________
LOUISE W. FLANAGAN
UNITED STATES DISTRICT JUDGE
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