Bilotta v. Saul

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA

STATESVILLE DIVISION ANTONIO BILOTTA, )

)

Plaintiff, )

)

v. )

) Civil No. 5:18-CV-121-FDW-DSC KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, )

)

Defendant. )

ORDER Plaintiff's counsel filed a Motion for approval of attorney’s fees under 42 U.S.C. § 406(b), in the amount of $28,444.50. Attorney’s fees under 42 U.S.C. § 406(b) are paid from past due benefits awarded to a successful claimant. Plaintiff has been awarded attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $20,000. 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 $28,444.50. Plaintiff’s counsel will refund to Plaintiff the smaller sum as between this amount and the EAJA award.

SO ORDERED.

Signed: September 15, 2021 David S. Cayer : i-f United States Magistrate Judge ae