Kinley v. Colvin
ORDER granting 40 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 1/11/2018. (Briggeman, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NANCY A. BERRYHILL,
Acting Commissioner of
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$ 11,361.50. 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$ 4,769.50. Plaintiffhas been
previously awarded $6,000.00 in administrative 406(a) fees.
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 $11,361.50, and refund to Plaintiffthe smaller award between this amount and
the EAJA award.
SO ORDERED. This _lL_ day of January 2018.
Chief United States District Judge
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