Youngblood v. Kijakazi ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA No. 5:20-CV-00242-FL ERNEST YOUNGBLOOD, ) ) Plaintiff, ) ) ) ORDER APPROVING ATTORNEY KILOLO KIJAKAZI, ) FEES PURSUANT TO 42 US.C. § 406(b) Acting Commissioner of Social Security, —_) ) Defendant. ) 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), in the amount of $24,000.00. Attorney’s fees under section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. § 406(b). 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 $24,000.00 and to refund the previously awarded EAJA fees to Plaintiff in the amount of $5,756.50. This 21st day of April, 2023. LOUISE W. FLANAGAN United States District Judge