Brewer v. Kijakazi

District Court, E.D. North Carolina

Brewer v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DIVISION — No. 5:20-CV-00685-D THERESA BREWER, ) 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 $17,304.27. 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 $4,861.27. 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 $17,304.27, and refund to Plaintiff the smaller award ($4,861.27) between this amount and the EAJA award. SO ORDERED. This _4 4 day of February, 2023. |e JAMES C. DEVER III UNITED STATES DISTRICT COURT JUDGE

Reference

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