Williams v. Kijakazi

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