Williams v. Kijakazi

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