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)

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.

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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).