IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:17-CV-36-D JACQUELINE C. CLARK, ) ) Plaintiff, ) ) ORDER v. ) ) NANCY A. BERRYHILL, ) Acting Commissioner of Social Security, _) ) Defendant. ) oo) Plaintiffs counsel filed a motion for approval of attorney’s fees under section 206(b) of the Social Security Act (the “Act”), 42 U.S.C. § 406(b), in the amount of $17,605.00. 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 $3,510.00 (ECF Nos. 28, 29). Defendant filed a response, stating that under Gisbrecht v. Barnhart, 535 U.S. 789 (2002), itis the duty of the Court to determine a reasonable fee. It is ORDERED that Plaintiff's counsel be awarded fees under section 206(b) of the Act, 42 U.S.C. § 406(b), in the amount of $_ 17, 000 , and refund to Plaintiff the smaller award between this amount and the EAJA award. SO ORDERED, this 20 day of July 2020. □ J S C. DEVER III UNITED STATES DISTRICT JUDGE