IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:19-CV-00046-FL JODIE MIDGETT, ) 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 second motion for approval of attorney’s fees under section 206(b) of the Social Security Act,

(b), in the amount of $16,790.00 ($26,434.00 - $9,642.53 previously received in 406b fees). 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 $4,050.00. 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 Plaintiffs counsel be awarded fees under

(b) in the amount of $16,790.00, and refund to Plaintiff the smaller award ($4,050.00) between this amount and the EAJA award. This 6th day of June, 2023.

LOUISE W. FLANAGAN United States District Judge