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Kinahan v. Comm'r of Soc. Sec.

United States District Court, W.D. North Carolina, Statesville Division
Sep 21, 2022
5:20-cv-00184-RJC (W.D.N.C. Sep. 21, 2022)

Opinion

5:20-cv-00184-RJC

09-21-2022

SEAN KINAHAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER

Robert J. Conrad, Jr., United States District Judge.

THIS MATTER comes before the Court on Plaintiff's Motion for Attorney's Fees Under § 406(b) (the “Motion”). (Doc. No. 19). In the Motion, Plaintiff contends that he is entitled to attorney's fees in the amount of $12,000.00, which represents less than 25% of Plaintiff's accrued back benefits, to be paid from Plaintiff's back benefits pursuant to section 406(b) of the Social Security Act. 42 U.S.C. § 406(b). Defendant “neither supports nor opposes” the Motion. (Doc. No. 20). The Court has reviewed the Motion and supporting exhibits and finds that Plaintiff has established that he is entitled to attorney's fees pursuant to 42 U.S.C. § 406(b).

IT IS, THEREFORE, ORDERED that Plaintiff's Motion for Attorney's Fees, (Doc. No. 19), is GRANTED. The Commissioner of Social Security is hereby ORDERED to pay to Plaintiff's counsel the sum of $12,000 from Plaintiff's back benefits and Plaintiff's counsel shall refund the $8,000 EAJA fee to Plaintiff.


Summaries of

Kinahan v. Comm'r of Soc. Sec.

United States District Court, W.D. North Carolina, Statesville Division
Sep 21, 2022
5:20-cv-00184-RJC (W.D.N.C. Sep. 21, 2022)
Case details for

Kinahan v. Comm'r of Soc. Sec.

Case Details

Full title:SEAN KINAHAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court:United States District Court, W.D. North Carolina, Statesville Division

Date published: Sep 21, 2022

Citations

5:20-cv-00184-RJC (W.D.N.C. Sep. 21, 2022)