Wright v. Saul

District Court, E.D. North Carolina

Wright v. Saul

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Civ. No. 4:17-CV-00096-FL

MAJOR WRIGHT, ) ) Plaintiff, ) ) v. ) ) ANDREW SAUL, ) ORDER Commissioner of Social Security ) ) Defendant. ) ) ) ) Plaintiff’s counsel filed a motion for approval of attorney’s fees under section 206(b) of the Social Security Act (the “Act”),

42 U.S.C. § 406

(b), in the amount of $20,000.00. 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 $5,300.00 (Doc. 29). Defendant filed a response, stating that under Gisbrecht v. Barnhart,

535 U.S. 789

(2002), it is the duty of the Court to determine a reasonable fee. It is ORDERED that Plaintiff's counsel be awarded fees under section 206(b) of the Act,

42 U.S.C. § 406

(b), in the amount of $20,000.00, and refund to Plaintiff the smaller award between this amount and the EAJA award. SO ORDERED, this 2nd day of September, 2020. (Mee AS. Llerager LOUISE W. FLANAGAN UNITED STATES DISTRICT JUDGE

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