Pellegrino v. Saul
ORDER granting 30 MOTION for Attorney Fees under Sec. 406(b). Counsel is reminded to read the order in its entirety for critical information. Signed by District Judge Louise Wood Flanagan on 6/7/2021. (Collins, S.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Civ. No. 5:19-00274-FL
ANDREW M. SAUL,
Commissioner of Social Security, )
Plaintiff’s counsel filed a motion for approval of attorney fees under section
206(b) of the Social Security Act, 42 U.S.C. § 406(b), in the amount of $34,000.00.
Attorney fees awarded under 42 U.S.C. § 406(b) may not exceed 25% of the total of
the claimant’s past-due benefits. Plaintiff previously has been awarded attorney
fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the amounts of
$3,950.00 (plus $400.00 for the filing fee, from the Treasury Judgment Fund) and
$5,000.00 (plus $400.00 for the filing fee, from the Treasury Judgment Fund).
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 42 U.S.C. §
406(b) in the amount of $_____________. Plaintiff’s counsel will refund to Plaintiff
the smaller amount between this amount and any fee amount that previously was
received under the EAJA.
SO ORDERED, this 7th day of June, 2021.
Hon. Louise W. Flanagan
United States District Judge
Eastern District of North Carolina
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