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.)

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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

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