Brooks v. Kijakazi

District Court, E.D. North Carolina

Brooks v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION Civ. No. 2:19-CV-00024-FL MICHAEL BROOKS, ) ) Plaintiff, ) ) v. ) ) ORDER KILOLO KIJAKAZI, ) Acting Commissioner of Social ) Security, ) ) Defendant. )

Plaintiff's counsel filed a motion for attorney’s fees under

42 U.S.C. § 406

(b) and in the amount of $4,531.75. Defendant filed a reply to the motion noting 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 Plaintiffs counsel is awarded fees under

42 U.S.C. § 406

(b) in the amount of $4,531.75, and, if applicable, ordered to refund to Plaintiff the smaller award between this amount and the amount counsel previously received under the EAJA. So ordered, this 28th day of November, 2022.

LOUISE W. FLANAGAN United States District Judge

Reference

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