Williams v. Kijakazi

District Court, E.D. North Carolina

Williams v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT . FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:20-CV-00064-D WHITLEE WILLIAMS, - ) Plaintiff, ) ) ) ORDER APPROVING ATTORNEY KILOLO KIJAKAZI, _) FEES PURSUANT TO

42 U.S.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 $39,921.73. 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 $13,400.00 ($7,300.00 + $6,100.00). 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 Plaintiff's counsel be awarded fees under

42 U.S.C. § 406

(b) in the amount of $39,921.73, and refund to Plaintiff the smaller award ($13,400.00) between this amount and the EAJA award. SO ORDERED. This 22 day of June, 2023. a —Dev es JAMES C. DEVER III United States District Judge

Reference

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