Issette v. Kijakazi

District Court, E.D. North Carolina

Issette v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA □ esa WESTERN DIVISION 8882 202 20 ee No. 5:20-CV-00200-D RONNIE ISSETTE Plaintiff, ) ) ) ORDER APPROVING ATTORNEY KILOLO KIJAKAZI, ) FEES PURSUANT TO 42 US.C. § 406(b) 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 $6,333.75. 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 $4,500.00. 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 $6,333.75, and refund to Plaintiff the smaller award ($7,000.00) between this amount and the EAJA award.

SO ORDERED. This _@_ day of March, 2023. . . -—- WV > TAS C. DEVER III UNITED STATES DISTRICT COURT JUDGE

Reference

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