Sullivan v. Kijakazi

District Court, E.D. North Carolina

Sullivan v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:20-CV-00569-FL AMANDA McINTOSH SULLIVAN, ) Plaintiff, ) ) ) ORDER APPROVING ATTORNEY KILOLO KIJAKAZI, ) FEES PURSUANT TO 42 USS.C. § 406(b) Acting Commissioner of Social Security, ) ) Defendant. ) Plaintiff's 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 $3,199. 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 awarded attorney’s fees under the Equal Access to Justice Act (EAJA),

28 U.S.C. § 2412

, in the amount of $2,380.00 but were seized under the Treasury Offset Program. 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 $3,199.00. This 9th day of March, 2023.

LOUISE W. FLANAGAN United States District Judge

Reference

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