Williams v. Kijakazi
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
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