Simpson v. Kijakazi

District Court, E.D. North Carolina

Simpson v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:21-CV-00011-BO LARRY SIMPSON, ) ) Plaintiff, ) ) ) ORDER APPROVING ATTORNEY KILOLO KIJAKAZI, ) FEES PURSUANT TO

42 U.S.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 $8,535. 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 $3,623.00 — these fees 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 Plaintiff's counsel be awarded fees under

42 U.S.C. § 406

(b) in the amount of esaseaiy 4 Ove, oo Ok This <3 day of filo, 2023. Teceerel Benaghy td TERRENCE W. BUYLE UNITED STATES DISTRICT COURT JIJDGE

Reference

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