Gallman v. Colvin

Filing 29

ORDER granting 27 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 11/21/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Civ. No.7:14-cv-00014-D

GWENDOLYN GALLMAN
Plaintiff,
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.

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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$8,045.50. Attorney's fees under
section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C.
§ 406(b). Plaintiff has previously been awarded attorney's fees under the Equal Access to Justice
Act (EAJA), 28 U.S.C. § 2412, in the amount of$ 3,237.50 (D.E. #25).
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$ 8,045.50, and refund to Plaintiff the smaller award between this amount and
the EAJA award.
SO ORDERED. This _;L_ day of November 2016.

j As c. DEVER III
Chief United States District Judge