Bond v. Saul ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION Civ. No. 2:18-cv-00065-D TERNAIL L. BOND, ) ) Plaintiff, ) ) v. ) ) ANDREW M. SAUL, ) Commissioner of ) Social Security, ) ) Defendant. ° ) ORDER Plaintiffs counsel filed a motion for attorney’s fees under 42 U.S.C. § 406(b) in the amount of $21,709.25. Attorney’s fees under 42 U.S.C. § 406(b) are paid from past-due benefits awarded to a successful claimant. Defendant filed a response to the motion noting 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. oo 406(b) in the amount of $ 26, 000. (or 25% of Plaintiffs past-due benefits, whichever is less). Plaintiffs counsel will reimburse Plaintiff any fees previously received under the Equal Access Justice Act (““EAJA”), 28 U.S.C. § 2412. So ordered, this 17 day of December, 2020. << _tN\ ania James C. Dever IIT United States District Judge ~