EREXSON v. COLVIN

Civil Action No. 5:15-cv-00187-FL.

DONNA EREXSON, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

United States District Court, E.D. North Carolina, Western Division.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (DIWC)
Nature of Suit: 863 Social Security: DIWC / DIWW
Source: PACER


Attorney(s) appearing for the Case

Donna L. Erexson, Plaintiff, represented by Jonathan Blair Biser , Hardison & Cochran, PLLC.

Carolyn W. Colvin, Defendant, represented by Peter A. Heinlein , Social Security Administration & Stephen F. Dmetruk, Jr. , Social Security Administration.


ORDER

LOUISE W. FLANAGAN, District Judge.

Plaintiff's 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 $3,406.00. 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 $2,782.40 (ECF No. 37).

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 $3,406.00, and refund to Plaintiff the smaller award between this amount and the EAJA award.

SO ORDERED.


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