Miller v. Colvin

Filing 26

ORDER granting 23 Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b). Signed by Magistrate Judge David S. Cayer on 3/4/2021. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CARLOS MILLER,
Plaintiff,
v.
ANDREW M. SAUL,
Commissioner of Social Security,
Defendant.

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Civ. No. 3:16-00688-RJC-DSC

ORDER
Plaintiff’s counsel has filed a motion for approval of attorney fees under section 206(b) of
the Social Security Act, 42 U.S.C. § 406(b), in the amount of $15,784.00. Attorney fees awarded
under 42 U.S.C. § 406(b) may not exceed twenty-five per cent of the claimant’s past-due benefits.
Plaintiff was previously awarded attorney fees under the Equal Access to Justice Act 28 U.S.C. §
2412, in the amount of $5,129.55. 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 therefore ORDERED that Plaintiff’s counsel be awarded fees under 42 U.S.C. § 406(b)
in the amount of $15,784.00. Plaintiff’s counsel shall refund to Plaintiff the difference between
this amount and the fee that previously was received under the EAJA.
SO ORDERED.

Signed: March 4, 2021

Case 3:16-cv-00688-RJC-DSC Document 26 Filed 03/04/21 Page 1 of 1