Tarrant v. Kijakazi

District Court, E.D. North Carolina

Tarrant v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CAROL TARRANT, ) ) Plaintiff, ) ) Vv. ) No. 5:20-CV-00258-FL ) KILOLO KIJAKAZI, ) Acting Commissioner of ) Social Security, ) ) Defendant. ) ORDER Plaintiff's counsel filed a motion for attorney’s fees under

42 U.S.C. § 406

(b) and in the amount of $6,542.20. 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 be awarded fees under

42 U.S.C. § 406

(b) in the amount of $6,542.20, 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 12th day of January, 2023.

LOUISE W. FLANAGAN United States District Judge

Reference

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