Mitchell v. Colvin

Filing 33

ORDER granting 31 Motion for Attorney Fees Pursuant to 42 U.S.C. Sec. 406(b). Counsel is reminded to read the order in its entirety for critical information. Signed by District Judge Louise Wood Flanagan on 5/31/2019. (Collins, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:16-CV-00301-FL DAVID DWIGHT MITCHELL, Jr., ) ) Plaintiff, ) ) v. ) ) NANCY A. BERRYHILL, ) Acting Commissioner of ) Social Security ) ) Defendant. ) ___________________________________ ) ORDER Plaintiff’s counsel filed a motion for approval of attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), seeking fees in the amount of $24,504.50. 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 was previously awarded attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $5,750.00. Plaintiff’s motion indicates that the EAJA fees were not paid to Plaintiff’s counsel. 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. 24,504.50 § 406(b) in the amount of $_____________. 31st SO ORDERED this ________ day of May, 2019. _____________________________ LOUISE W. FLANAGAN DISTRICT COURT JUDGE 2

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