Whidbee v. Kijakazi ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Civ. No. 2:20-cv-00011-BO PATRICIA COSETTA WHIDBEE, ) ) Plaintiff, ) ) v. ) ) KILOLO KIJAKAZI, ) ORDER Acting Commissioner of Social ) Security ) ) Defendant. ) ) ) Plaintiffs counsel filed an amended motion for approval of attorney’s fees under section 206(b) of the Social Security Act (the “Act”), 42 U.S.C. § 406(b), in the amount of $9,038.13 (Doc. 40). Attorney’s fees under section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. § 406(b). The parties’ stipulation for an award of attorney’s fees under the Equal Access to Justice Act (EKAJA), 28 U.S.C. § 2412, in the amount of $4,686.00, is currently pending with this Court (Doc. 37). 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 Plaintiffs counsel be awarded fees under section 206(b) of the Act, 42 U.S.C. § 406(b), in the amount of $ i Ve, LY , and refund to Plaintiff the smaller award between this amount and the EAJA award. SO ORDERED, this i F tos of October, 2021. TERRENCE BOYLE ( UNITED STATES DISTRICT JUDGE