IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL ACTION NO. 5:19-CV-00060-FDW-DSC

TROY O. MILLER, ) ) Plaintiff, ) ) v. ) ORDER ) KILOLO KIJAKAZI, ACTING ) COMMISSIONER OF SOCIAL SECURITY,1 ) Defendant. )

Plaintiff’s counsel filed a Motion for Attorney’s Fees under

(b) in the amount of $4,042.00. Attorney’s fees under

(b) are paid from past-due benefits awarded to a successful claimant. Defendant filed a response to the Motion noting that, under Gisbrecht v. Barnhart,

(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 $4,042.00. Plaintiff’s counsel will reimburse Plaintiff any fees previously received under the Equal Access Justice Act,

. The Clerk is directed to send copies of this Order to counsel for the parties and to the Honorable Frank D. Whitney. SO ORDERED.

1Kilolo Kijakazi is Acting Commissioner of Social Security and substituted as Defendant in this matter pursuant to Fed.R.Civ.P 25(d) and Section 205(g) of the Social Security Act,

(g). Signed: August 10, 2021

«. David S. Cayer Af United States Magistrate Judge “aE