Sumner v. Saul

Filing 34

ORDER granting 32 MOTION for Attorney Fees under Sec. 406(b). Signed by District Judge Louise Wood Flanagan on 7/21/2022. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civ. No. 5:19-cv-00166-FL
CHRISTOPHER SUMNER,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of
Social Security
Defendant.

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ORDER

Plaintiff’s counsel moved 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 $1,098.75.
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 $ 4,500.00 (ECF No. 31). 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)
of the Act, 42 U.S.C. § 406(b), in the amount of $1,098.75, and refund to Plaintiff
the smaller award between this amount and the EAJA award.
SO ORDERED, this 21st day of July, 2022.
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LOUISE W. FLANAGAN
United States District Judge