McCULLERS v. BERRYHILL

Civil Action No. 5:16-cv-00161-FL.

ROSALIND MCCULLERS, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

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

Editors Note
Applicable Law: 42 U.S.C. § 205
Cause: 42 U.S.C. § 205 Denial Social Security Benefits
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER


Attorney(s) appearing for the Case

Rosalind McCullers, Plaintiff, represented by Charlotte Williams Hall , Charles T. Hall Law Firm.

Carolyn W. Colvin, Defendant, represented by Jamie D.C. Dixon , 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 $4,047.90. 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 not previously been awarded attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.

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 $4,047.90.

SO ORDERED.


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