Williams v. Kijakazi

District Court, E.D. North Carolina

Williams v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:19-cv-00362-D DONALD LENELL WILLIAMS, ) . ) 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 $13,170.63. 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. 406(b) in the amount of $_7J , A00 (or 25% of Plaintiffs past-due benefits, whichever is less). Plaintiff's counsel will reimburse Plaintiff any fees previously received under the Equal Access Justice Act (““EAJA”),

28 U.S.C. § 2412

. So ordered, this _ tf day of June, 2021.

JAMES C. DEVER III United States District Judge

Reference

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