Bond v. Saul

District Court, E.D. North Carolina

Bond v. Saul

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION Civ. No. 2:18-cv-00065-D TERNAIL L. BOND, ) ) Plaintiff, ) ) v. ) ) ANDREW M. SAUL, ) Commissioner of ) Social Security, ) ) Defendant. ° ) ORDER Plaintiffs counsel filed a motion for attorney’s fees under

42 U.S.C. § 406

(b) in the amount of $21,709.25. Attorney’s fees under

42 U.S.C. § 406

(b) are paid from past-due benefits awarded to a successful claimant. Defendant filed a response to the motion noting 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 Plaintiffs counsel be awarded fees under 42 U.S.C. oo 406(b) in the amount of $ 26, 000. (or 25% of Plaintiffs past-due benefits, whichever is less). Plaintiffs counsel will reimburse Plaintiff any fees previously received under the Equal Access Justice Act (““EAJA”),

28 U.S.C. § 2412

. So ordered, this 17 day of December, 2020.

<< _tN\ ania James C. Dever IIT United States District Judge ~

Reference

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