IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Civ. No. 7:16-cv-00123-D BETHANY LANEY SCHILLING, ) Plaintiff, v. ORDER ANDREW SAUL, Commissioner of Social Security, ) Defendant. ) Plaintiffs counsel filed a motion for approval of attorney’s fees under section 206(b) of the Social Security Act,

(b), in the amount of $41,246.00. Attorney’s fees under

_ section 206(b) are paid from past-due benefits awarded to a successful claimant.

(b). Plaintiff has previously been awarded attorney’s fees under the Equal Access to Justice Act (EAJA),

, in the amount of $4,881.25 (ECF No. 28). Defendant filed a response, stating that under Gisbrecht v. Barnhart,

(2002), it is the duty of the Court to determine a reasonable fee. It is ORDERED that Plaintiffs counsel be awarded fees under

(b) in the amount of $ 35,006 , and refund to Plaintiff the smaller award between this amount and the EAJA award. SO ORDERED, this 22 day of October, 2019.

United States District Judge