Brantley v. Saul

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