IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Civ. No. 2:20-cv-00011-BO PATRICIA COSETTA WHIDBEE, ) ) Plaintiff, ) ) v. ) ) KILOLO KIJAKAZI, ) ORDER Acting Commissioner of Social ) Security ) ) Defendant. ) ) ) Plaintiffs counsel filed an amended motion for approval of attorney’s fees under section 206(b) of the Social Security Act (the “Act”),

(b), in the amount of $9,038.13 (Doc. 40). Attorney’s fees under section 206(b) are paid from past-due benefits awarded to a successful claimant.

(b). The parties’ stipulation for an award of attorney’s fees under the Equal Access to Justice Act (EKAJA),

, in the amount of $4,686.00, is currently pending with this Court (Doc. 37). Defendant filed a response, stating that under Gisbrecht v. Barnhart,

(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) of the Act,

(b), in the amount of $ i Ve, LY , and refund to Plaintiff the smaller award between this amount and the EAJA award.

SO ORDERED, this i F tos of October, 2021.

TERRENCE BOYLE ( UNITED STATES DISTRICT JUDGE