Thomas v. Colvin

Filing 18

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

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