IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Civ. No. 5:19-cv-00166-FL

CHRISTOPHER SUMNER, ) ) Plaintiff, ) ) ORDER v. ) ) KILOLO KIJAKAZI, ) Acting Commissioner of ) Social Security ) ) Defendant. ) )

Plaintiff’s counsel moved for approval of attorney’s fees under section 206(b) of the Social Security Act (the “Act”),

(b), in the amount of $1,098.75. Attorney’s fees under section 206(b) are paid from past-due benefits awarded to a successful claimant.

(b). Plaintiff has previously been awarded attorney’s fees under the Equal Access to Justice Act (EAJA),

, in the amount of $ 4,500.00 (ECF No. 31). 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 ORDERED that Plaintiff's counsel be awarded fees under section 206(b) of the Act,

(b), in the amount of $1,098.75, and refund to Plaintiff the smaller award between this amount and the EAJA award. SO ORDERED, this 21st day of July, 2022.

LOUISE W. FLANAGAN United States District Judge