Thrasher v. Colvin

Filing 39

ORDER granting 37 Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b). Signed by District Judge Louise Wood Flanagan on 8/14/2019. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:16-CV-00311-FL
ANGELA THRASHER,

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) ORDER APPROVING ATTORNEY
) FEES PURSUANT TO 42 U.S.C. § 406(b)
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Plaintiff,
ANDREW SAUL,1
Commissioner of Social Security,
Defendant.

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 $16, 641.63. 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 $12,000.00.
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.

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Andrew Saul is now the Commissioner of Social Security and is automatically substituted
as a party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security
Act, 42 USC 405(g)(action survives regardless of any change in the person occupying the
office of Commissioner of Social Security).
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It is ORDERED that Plaintiff’s counsel be awarded fees under 42 U.S.C. § 406(b) in the
amount of $16,641.63, and refund to Plaintiff the smaller award ($12,000.00) between this
amount and the EAJA award.
This 14th day of August, 2019.
_______________________________
LOUISE W. FLANAGAN
UNITED STATES DISTRICT COURT JUDGE

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