Mitchell v. Colvin
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.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
DAVID DWIGHT MITCHELL, Jr.,
NANCY A. BERRYHILL,
Acting Commissioner of
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.
§ 406(b) in the amount of $_____________.
SO ORDERED this ________ day of May, 2019.
LOUISE W. FLANAGAN
DISTRICT COURT JUDGE
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