Black v. Colvin
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
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
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
$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
TERRENCE W. BOYLE
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?