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.)

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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. ) ) ) ) ) ) ) ) ) ) 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. :r-~.{~ TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE

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