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.)

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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.

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