Artis v. Saul

Filing 39

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
SOUTHERN DIVISION
NO: 7:19-CV- 00071-BO
MICHAEL RENEE ARTIS,

Plaintiff,

v.
KILOLO KIJAK.AZ!
Acting Commi sioner of Social Security
Defendant.
______________

)
)
)
)
)
)
)
)
)
)
)

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
amountof

/4

.

~ v:t7.-I,

Case 7:19-cv-00071-BO Document 39 Filed 09/07/21 Page 1 of 2

This the

_1_ day of Se tember

, 2021.

Case 7:19-cv-00071-BO Document 39 Filed 09/07/21 Page 2 of 2