McGirt v. Colvin
ORDER granting 28 Motion for Attorney Fees under Section 406(b). It is ORDERED that Plaintiff's counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $7,513.00, and refund to Plaintiff the smaller award between this amount and the EAJA award. Signed by District Judge Louise Wood Flanagan on 6/21/2019. (Collins, S.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
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), in the amount of $7,513.00.
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 $5,600.00.
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 $_____________, and refund to Plaintiff the smaller award
between this amount and the EAJA award.
SO ORDERED, this ____ day of ______________, 2019.
LOUISE W. FLANAGAN
United States District Court Judge
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