Black v. Colvin

Filing 37

ORDER WITH MODIFICATIONS GRANTING 35 Plaintiff's Motion for Attorney Fees. Plaintiff's counsel is awarded $15,000.00 in attorney's fees under 406(b), and ordered to refund to Plaintiff the smaller award between this award and the EAJA award. Signed by US District Judge Terrence W. Boyle on 10/31/2014. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No.7: 13-CV-55-BO
JOHN BLACK,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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ORDER

Plaintiffs counsel filed a motion for approval of attorney's fees under section 206(b) of
the Social Security Act (Act) in the amount of $18,973.00. Attorney's fees under section 206(b)
ofthe Act are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. § 406(b).
The fee request is in addition to the $5,000.00 in fees awarded by this Court under the Equal
Access to Justice Act (EAJA) (D.E. #34).
Defendant filed a response to the motion noting 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

$1ijlJ'f!"'D, C,l;nd ordered to refund to Plaintiff the smaller award between this

amount and the EAJA award.
So ordered, this

3/ day oft) ;;t;:ij.,u

'2014.

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TERRENCE W. BOYLE
UNITED STATES DISTRICT JUDGE