Thomas v. Colvin

Filing 18

ORDER granting 16 Motion for Attorney Fees. Signed by Chief Judge Frank D. Whitney on 10/12/16. (clc)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION DOCKET NO. 5:14-CV-00132-FDW JENNIE THOMAS, Plaintiff, vs. CAROLYN W. COLVIN, Commissioner of Social Security Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on Plaintiff’s Consent Motion for Attorney Fees. (Doc. No. 16). Defendant confirmed consent to Plaintiff’s Motion on August 23, 2016. (Doc. No. 17). Upon review of Plaintiff’s Motion and supporting materials, Defendant’s consent, and for the reasons set forth below, the Motion is GRANTED. Pursuant to Gisbrecht v. Barnhart, 535 U.S. 789 (2002), it is the duty of the Court to determine a reasonable fee. Plaintiff’s counsel seeks attorney’s fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), in the amount of $10,750.00. 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 $3,977.50. (Doc. No. 15). It is therefore ORDERED that Plaintiff’s counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $10,750.00 from Plaintiff’s past due benefits, and refund to Plaintiff the smaller award between this amount and the EAJA award. SO ORDERED. Signed: October 12, 2016

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?