Ezzell v. Saul ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Civ. No. 7:14-cv-00251-D JAMES EZZELL, ) Plaintiff, ) ) ORDER vs. ) ) ANDREW SAUL, ) Commissioner of ) Social Security, ) Defendant. ) CS) 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 $12,197.00. 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 awarded attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $11,198.25. 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 $12,197.00, and refund to Plaintiff the smaller award between this amount and the EAJA award, SO ORDERED, this { day of August 2019. — ARSICA ies C. DEVER United States District Judge