Shields-Roberson v. Astrue

Filing 41

ORDER granting 37 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 10/10/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:11-CV-00191-D
TERESA SHIELDS-ROBERSON,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

ORDER

Plaintiffs counsel filed a motion for approval of attorney's fees under section 206(b) of
the Social Security Act, 42 U.S.C. § 406(b), in the amount of $8,201.75. Attorney's fees under
section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. §
406(b).
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 Plaintiffs counsel be awarded fees under 42 U.S.C. § 406(b) in the
amount of $

e t L.1J ( . 1 S

, and refund to Plaintiff the smaller award between this amount and

the EAJA award.
SO ORDERED.

This~ day

of October 2017.