Artis v. Kijakazi ( 2021 )

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION NO: 7:19-CV- 00071-BO MICHAEL RENEE ARTIS, ) Plaintiff, ) ) ORDER APPROVING 406(b) FEES v. ) ) KILOLO KIJAKAZI ) ) Acting Commissioner of Social Security —_) ) Defendant. ) ao) Plaintiff's 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, $102,969 payable to Plaintiff and his family. The fee requested is $17,630.91. 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. Plaintiff's counsel’s request therefore represents approval of attorney fees of $17,630.91 of total retroactive benefits, after refund of an EAJA payment of $5,125.50 for child support. 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 azgregate benefits for representation in Federal Court, providing that such afee is reasonable. It is ORDERED that Plaintiff's counse] be awarded fees under 42 U.S.C. § 406(b) in the amount of 1% b00 , WF This the i day of September , 2021. TERRENCE W. BOYLE j United States District Judge