IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CARLOS MILLER, ) Plaintiff, v. Civ. No. 3:16-00688-RJC-DSC ANDREW M. SAUL, Commissioner of Social Security, _) Defendant. ORDER Plaintiff's counsel has filed a motion for approval of attorney fees under section 206(b) of the Social Security Act,

(b), in the amount of $15,784.00. Attorney fees awarded under

(b) may not exceed twenty-five per cent of the claimant’s past-due benefits. Plaintiff was previously awarded attorney fees under the Equal Access to Justice Act

, in the amount of $5,129.55. 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 therefore ORDERED that Plaintiffs counsel be awarded fees under

(b) in the amount of $15,784.00. Plaintiff's counsel shall refund to Plaintiff the difference between this amount and the fee that previously was received under the EAJA. SO ORDERED. Signed: March 4, 2021

fr AC ey David S. Cayer : United States Magistrate Judge ae