Miller v. Berryhill

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, 42 U.S.C. § 406(b), in the amount of $15,784.00. Attorney fees awarded under 42 U.S.C. § 406(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 28 U.S.C. § 2412, in the amount of $5,129.55. 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 therefore ORDERED that Plaintiffs counsel be awarded fees under 42 U.S.C. § 406(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