Alexander v. Kijakazi

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA . □ WESTERN DIVISION . NO. 5:22-CV-69-BO SHELLY ALEXANDER, ) Plaintiff, ) ) v. ) ORDER APPROVING ) MOTION FOR ) ATTORNEY FEES PURSUANT ACTING COMMISSIONER OF ) TO 42 U.S.C. §406(b) SOCIAL SECURITY ) ADMINISTRATION, ) ) Defendant. )

Plaintiff's counsel files a motion for approval of attorney’s fees under section 406(b) of the Social Security Act, 42 U.S.C. ' 406(b), in the amount of $15,400.50. Attorney’s fees under section 406(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. '

406(b). Counsel for plaintiff shall refund the lesser of the amount awarded under 42 U.S.C. '

406(b) and the $5,250.00 awarded under the Equal Access to Justice Act (EAJA). Defendant filed a response stating that, under Gisbrecht v. Barnhardt, 535 U.S. 789, 122 S. Ct. 1817 (2002), it is the duty of the Court to determine a reasonable fee. IT IS HEREBY ORDERED that Plaintiff?s counsel be awarded fees under 42 U.S.C. '

406(b) in the amount of □□ 4 00, §. SO ORDERED, this the_//¥ _ day of WV □□□ fy, 2023. be W. BOYLE United States District Judge