Evans v. Saul
Evans v. Saul
Trial Court Opinion
UNITED STATES DISTRICT COURT . SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION INDIA EVANS, ) Plaintiff, Vv. ; CV621-031 KILOLO KIJAKAZI, Defendant. ORDER After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge’s Report and Recommendation (R&R), (doc. no. 33), to which no objections have been filed. Accordingly, the R&R is ADOPTED, and Plaintiffs Motion for Attorney’s Fees pursuant to
42 U.S.C. § 406(b) is GRANTED. (Doc. no. 32.) Plaintiffs counsel is awarded $10,953.75 in attorney’s fees, which is equal to 25 percent of the total past due benefits awarded to Plaintiff as contemplated by the contingent fee agreement between Plaintiff and counsel. The Court has already awarded fees under the Equal Access to Justice Act (““EAJA”) totaling $6,015.63. (Doc. no. 31.) Therefore, upon receipt of the § 406(b) fee award, Plaintiffs counsel must refund the previously received EAJA fee award amount directly to the Plaintiff. (Doc. no. 33 at 4 (citing, inter alia, Gisbrecht v. Barnhart,
535 U.S. 789, 796(2002)).) ORDER ENTERED at Augusta, Georgia, this¢7 day of January, 2024.
RANDAL HALL, CHIEF JUDGE STATES DISTRICT COURT ERN DISTRICT OF GEORGIA
Reference
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