Brantley v. Saul
Brantley v. Saul
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Civ. No. 4:19-CV-00116-FL
GREGORY BRANTLEY, ) ) Plaintiff, ) ) v. ) ORDER ) ANDREW SAUL, ) 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,
42 U.S.C. § 406(b), in the amount of $12,285.75 (Document No. 27). 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 $5,400.00. 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
42 U.S.C. § 406(b) in the amount of $ 12,285.75 , and refund to Plaintiff the smaller award between this amount and the EAJA award. SO ORDERED, this 28thday of April, 2021.
Louise W. Flanagan UNITED STATES DISTRICT JUDGE
Reference
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