Pate v. Berryhill
Pate v. Berryhill
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION No. 3:18-CV-183 SANDRA W. PATE, ) ) Plaintiff, ) V. ) ) ANDREW SAUL, ) Commissioner of ) Social Security, ) ) Defendant. ) ___)
Plaintiff's counsel filed a motion for approval of attorney’s fees under § 206(b) of the Social Security Act,
42 U.S.C. § 406(b), in the amount of $14,159.75 for the 41.00 hours of time spent litigating this case in court. Attorney’s fees under § 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. § 2412in the amount of $7,000.00. 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 $14,159.75, and refund to Plaintiff the smaller award between this amount and the EAJA award.
Signed: March 2, 2021
orton <. Max O. Cogburn i ) United States District Judge Tote t
Reference
- Status
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