Byrd v. Colvin

Filing 17

ORDER granting 15 Plaintiff's Motion for Attorney Fees. Signed by District Judge Robert J. Conrad, Jr. on 11/10/2020. (khm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16-cv-305-RJC
DIXIE L. BYRD,

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Plaintiff,
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v.
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ANDREW SAUL,
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Commissioner of the
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Social Security Administration,
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Defendant.
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__________________________________________ )

ORDER

THIS MATTER comes before the Court on Plaintiff’s Motion for Attorney’s
Fees under Section 406(b) of the Social Security Act, (Doc. No. 15). In the Motion,
Plaintiff contends that she is entitled to attorney’s fees in the amount of $13,300.00,
which represents less than 25% of Plaintiff’s accrued back benefits, to be paid from
Plaintiff’s back benefits pursuant to section 406(b) of the Social Security Act. 42
U.S.C. § 406(b). Defendant filed a Response to Plaintiff’s motion stating that
“Defendant neither supports nor opposes Plaintiff’s counsel’s request for attorney’s
fees . . . in the amount of $13,330.00.” (Doc. No. 16 at 1).
The Court has reviewed the Motion and supporting exhibits and finds that
Plaintiff has established that she is entitled to attorney’s fees pursuant to 42 U.S.C.
§ 406(b). For the reasons outlined in Plaintiff’s Motion, the Court GRANTS
Plaintiff’s Motion for Attorney’s Fees. (Doc. No. 15).

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IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorney’s Fees,
(Doc. No. 15), is GRANTED. The Commissioner of Social Security is hereby
ORDERED to pay to Plaintiff’s counsel the sum of $13,300.00 from Plaintiff’s back
benefits and Plaintiff’s counsel shall refund the $3,230.00 EAJA fees to Plaintiff,
(see Doc. No. 12 awarding EAJA fees), and upon the payment of such sums, this
case shall be dismissed with prejudice.
SO ORDERED.

Signed: November 10, 2020

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