Somerville v. Saul

District Court, E.D. North Carolina

Somerville v. Saul

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 5:20-cv-00416-BO WILLIAM SOMERVILLE, ) ) Plaintiff, ) ) Vv. ) ) ORDER KILOLO KIJAKAZI, ) Acting Commissioner of ) Social Security, ) ) Defendant. )

Plaintiffs counsel filed a motion for approval of attorney’s fees under section 206(b) of the Social Security Act,

42 U.S.C. § 406

(b), in the amount of $21,267.00. Attorney’s fees under section 206(b) are paid from past-due benefits awarded to a successful claimant.

42 U.S.C. § 406

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

28 U.S.C. § 2412

, in the amount of $8,100.00 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 Plaintiffs counsel be awarded fees under

42 U.S.C. § 406

(b) in the amount of $ dl, AG/. 00. This J day of J DM, ' , 2023. Tetacpesel LAK’ TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE

Reference

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