IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Civ. No. 7:17-cv-00095-FL LEE V. GRAY, IIL, Plaintiff, ) ) ) ORDER ANDREW SAUL, COMMISSIONER ) OF SOCIAL SECURITY, ) Defendant. ) Attorney’s fees under section 206(b) of the Social Security Act,

(b), are paid from past-due benefits awarded to a successful claimant. Plaintiff's counsel filed a motion for attorney’s fees seeking an award of $29,251.63, representing 25 percent of Plaintiff's past-due benefits. The Commissioner filed a response, stating that under Gisbrecht v. Barnhart,

(2002), it is the duty of the Court to determine a reasonable fee up to 25 percent of the past-due benefits. The Court previously awarded Plaintiff $5,640.56 in attorney’s fees under the Equal Access to Justice Act (KAJA),

(ECF Nos. 24 & 25). It is ORDERED that Plaintiff's counsel be awarded attorney’s fees under

(b) in the amount of $ 29,251.63 and refund to Plaintiff the smaller award between this amount and the EAJA amount. This 22nd __ day of November, 2019. (Mee AS. Llerager LOUISE W. FLANAGAN United States District Judge