Brantley v. Saul

District Court, E.D. North Carolina

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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