Somerville v. Saul ( 2023 )

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 5:20-cv-00416-BO WILLIAM SOMERVILLE, ) ) Plaintiff, ) ) Vv. ) ) ORDER KILOLO KIJAKAZI, ) Acting Commissioner of ) Social Security, ) ) Defendant. ) 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), in the amount of $21,267.00. Attorney’s fees under section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. § 406(b). Plaintiff has previously been award attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $8,100.00 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 42 U.S.C. § 406(b) in the amount of $ dl, AG/. 00. This J day of J DM, ' , 2023. Tetacpesel LAK’ TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE