Artis v. Saul
ORDER granting 38 Motion for Attorney Fees. Signed by District Judge Terrence W. Boyle on 9/7/2021. (Sellers, N.)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRJCT OF NORTH CAROLINA
NO: 7:19-CV- 00071-BO
MICHAEL RENEE ARTIS,
Acting Commi sioner of Social Security
ORDER APPROVING 406(b) FEES
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), seeking an attorney's fee from past due benefits,
$102,969 payable to Plaintiff and his family. The fee requested is $17,630.91. Attorney's fees
under section 206(b) are paid from past-due benefits awarded to a successful claimant, 42 U.S.C.
§406(b). In this case, the Commissioner withheld 25 percent of past due benefits. Plaintiff's
counsel's request therefore represents approval of attorney fees of $17,630.91 of total
retroactive benefits, after refund of an BAJA payment of $5,125.50 for child support.
Under Gisbrecht v. Bamh
535 U.S. 789, 122 S. Ct. 1817 (2002), it is the duty of the
Court to determine a reasonable fee.
The Court, in Culbertson v. Berryhill,586 U.S. 304, 139 S. Ct. 517(2019), has endorsed
the use of a contingency contract between the parties to allow up to a 25% fee of aggregate
benefits for representation in Federal Court, providing that such a fee is reasonable.
It is ORDERED that Plaintiff's counsel be awarded fees under 42 U.S.C. § 406(b) in the
Case 7:19-cv-00071-BO Document 39 Filed 09/07/21 Page 1 of 2
_1_ day of Se tember
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