Simpson v. Saul

Filing 42

ORDER granting 39 MOTION for Attorney Fees Pursuant to 42 U.S.C. 406(b). Signed by District Judge Louise Wood Flanagan on 5/10/2024. (Collins, S)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION KELLEY SIMPSON, Plaintiff, v. MARTIN O’MALLEY 1, Commissioner of Social Security, Defendant. * * * * * * * * * * ***** Civil Action Number 5:20-cv-00632-FL ORDER Upon consideration of Plaintiff’s petition for attorney’s fees under 42 U.S.C. § 406(b), May 10th day of ___________, and Defendant’s response, it is this ____ 2024, by the United States District Court for the Eastern District of North Carolina, ORDERED that Vance E. Jennings, Esquire is awarded an attorney’s fee under the Social $21,472.00 Security Act, 42 U.S.C. § 406(b), in the amount of __________(or 25% of Plaintiff’s past-due benefits, whichever is less). Plaintiff’s counsel will reimburse Plaintiff any fees[s] he previously received under the Equal Access Justice Act (EAJA), 28 U.S.C. § 2412. __________________________________ LOUISE W. FLANAGAN United States District Judge 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 43(c)(2) of the Federal Rules of Appellate Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi as the defendant in the suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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