Gee v. Kijakazi ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No, 7:21-CV-00139-BO BERNARD GEE, ) Plaintiff, ) } } ORDER APPROVING ATTORNEY KILOLO KIJAKAZI, ) FEES PURSUANT TO 42 U.S.C. § 406(b) Commissioner of Social Security, ) ) Defendant. ) Plaintiff's counsel filed a motion for approval of attorney’s fees under section 206(b) of Ure, @ Tt the Social Security Act, 42 U.S.C. § 406(b), in the amount of $d3x666, Attomey’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 awarded attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $2,362.25 after Treasury Offset. 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 Plaintiff's counsel be awarded fees under 42 U.S.C. § 406(b) in the amount Of Seedy@65996 (or 25% of past-due benefits due to Plaintiff by reason of this Court’s judgment, whichever is less), and refund to Plaintiff the smaller award ($2,362.25) between this amount and the EAJA award. om This j § day of May, 2023. ott W. BOYLE / UNITED STATES DISTRICT COURT JUDGE