IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:20-CV-00059-FL HENRY CUMBEE, ) Plaintiff, ) ) ) ORDER APPROVING ATTORNEY KILOLO KIJAKAZI, ) FEES PURSUANT TO 42 USS.C. § 406(b) 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,

(b), in the amount of $72,202.00. Attorney’s fees under section 206(b) are paid from past-due benefits awarded to a successful claimant.

(b). Plaintiff has previously been awarded attorney’s fees under the Equal Access to Justice Act (EAJA),

, in the amount of $11,800.00 ($4,900.00 and $6,900.00). Defendant filed a response, stating that under Gisbrecht v. Barnhart,

(2002), it is the duty of the Court to determine a reasonable fee. It is ORDERED that Plaintiff's counsel be awarded fees under

(b) in the amount of $72,202.00, and refund to Plaintiff the smaller award ($11,800.00) between this amount and the EAJA award. This 28th day of April, 2023. Ce W. FLANACWN UNITED STATES DISTRICT COURT JUDGE