Pate v. Berryhill

District Court, W.D. North Carolina

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. § 2412

in 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

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