Issette v. Kijakazi
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
- Status
- Unknown