Opinion
5:20-cv-00416-BO
01-03-2023
WILLIAM SOMERVILLE, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER
TERRENCE W. BOYLE, UNITED STATES DISTRICT JUDGE
Plaintiffs 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 $21,267.00. 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 award attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $8,100.00
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 Plaintiffs counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $ 21, 267.00.