Mote v. Colvin

Filing 23

ORDER granting 21 Motion for Attorney Fees under § 406(b) of the Social Security Act. Signed by Senior Judge Graham Mullen on 6/5/2017. (khm)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION No. 1:15-cv-96-GCM BRIAN D. MOTE, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER Plaintiff’s counsel filed a Motion for Attorney Fees Under § 406(b) of the Social Security Act, seeking fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b) in the amount of $7,521.50. 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 $5,000.00 (ECF No. 20). 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 $7,521.50, and Plaintiff counsel shall refund to Plaintiff the smaller award between this amount and the EAJA award. SO ORDERED, this the 5th day of June 2017. Signed: June 5, 2017

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