Harrington v. Colvin

Filing 33

ORDER granting 31 Motion for Attorney Fees. It is ORDERED that Plaintiffs counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $ 13,864.00, and refund to Plaintiff the smaller award between this amount and the EAJA award. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 10/17/2017. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:15-CV-00020 FL
JACQUELINE HARRINGTON,
Plaintiff,

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Plaintiff’s 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 $ 13,864.00. 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 $ 4,254.00.
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 Plaintiff’s counsel be awarded fees under 42 U.S.C. § 406(b) in the
amount of $ 13,864.00, and refund to Plaintiff the smaller award between this amount and
the EAJA award.
17th
This _____ day of October, 2017.

_______________________________
LOUISE W. FLANAGAN
UNITED STATES DISTRICT JUDGE