Justin C. Graham v. Frank Bisignano, Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:21-cv-00005-KS JUSTIN C. GRAHAM ) Plaintiff, ) ) v. ORDER APPROVING 406(b) FEES FRANK BISIGNANO ) ) Commissioner of Social Security ) ) Defendant. ) a) 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), seeking an attorney’s fee from past due benefits of $124,891 payable to Plaintiff. The fee requested is $22,022.75. Attorney’s fees under section 206(b) are paid from past-due benefits awarded to a successful claimant, 42 U.S.C. §406(b). In this case, the Commissioner withheld 25 percent of past due benefits ($31,222.75). Plaintiff's counsel’s request represents approval of attorney fees of $ 22,022.75, and counsel will refund $5738.43 of that amount, previously awarded as EAJA fees, to the plaintiff.

Under Gisbrecht v. Barnhart, 535 U.S. 789, 122 S. Ct. 1817 (2002), it is the duty of the Court to determine a reasonable fee.

The Court, in Culbertson v. Berryhill,586 U.S. 304, 139 S. Ct. 517(2019), has endorsed the use of a contingency contract between the parties to allow up to a 25% fee of aggregate benefits for representation in Federal Court, providing that such a fee is reasonable.

It is ORDERED that Plaintiff's counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $22,022.75 from which counsel will refund EAJA fees of $5738.43 to the plaintiff.

Those fees will be paid to Michael Gillespie of the firm The Law Offices of James B. Gillespie, Jr., PO. Box 16238, Wilmington, NC 28408-6238.

This the 7th day of January 2026. .

Dim belg a Aarck KIMBERLY A. SWANK United States Magistrate Judge