Pellegrino v. Saul

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

Civ. No. 5:19-00274-FL

DAVID PELLEGRINO, ) )

Plaintiff, ) ) ORDER v. ) )

ANDREW M. SAUL, )

Commissioner of Social Security, ) )

Defendant. )

Plaintiff’s counsel filed a motion for approval of attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), in the amount of $34,000.00. Attorney fees awarded under 42 U.S.C. § 406(b) may not exceed 25% of the total of the claimant’s past-due benefits. Plaintiff previously has been awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the amounts of $3,950.00 (plus $400.00 for the filing fee, from the Treasury Judgment Fund) and $5,000.00 (plus $400.00 for the filing fee, from the Treasury Judgment Fund). 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 $__3_4_,_0_0_0_.0__0___. Plaintiff’s counsel will refund to Plaintiff the smaller amount between this amount and any fee amount that previously was received under the EAJA.

SO ORDERED, this 7th day of June, 2021.

Hon. Louise W. Flanagan

United States District Judge Eastern District of North Carolina