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)

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.

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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