Williams v. Kijakazi

District Court, E.D. North Carolina

Williams v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Civ. No. 5:19-cv-00576-BO SYLVIA CRISP-WILLIAMS, ) ) Plaintiff, ) ) v. ) ) KILOLO KIJAKAZI, ) ORDER Acting Commissioner of Social ) Security ) ) Defendant. ) ) ) Plaintiffs counsel filed a motion for approval of attorney’s fees under section 206(b) of the Social Security Act (the “Act”),

42 U.S.C. § 406

(b), in the amount of $12,954.25 (Doc. 30). 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 $6,500.00 (Doc. 29). 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 Plaintiffs counsel be awarded fees under section 206(b) a af of the Act,

42 U.S.C. § 406

(b), in the amount of $__4 WSF, 267 ana refund to Plaintiff the smaller award between this amount and the FAJA award. SO ORDERED, this a ou day of September, 2021. LAA TERRENCE BOYLE UNITED STATES DISTRICMIUDGE

Reference

Status
Unknown