Lowery v. Commissioner of Social Security

Filing 34

AGREED ORDER granting 29 Motion for Attorney Fees. The Court hereby orders that the Commissioner of Social Security, Michael J. Astrue, pay the plaintiff the sum of $7,000.00. Signed by District Judge Louis Guirola, Jr. on 3/14/11. (RLW)

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Lowery v. Commissioner of Social Security Doc. 34 U NITED S TATES D ISTRICT C OURT S OUTHERN D ISTRICT OF M ISSISSIPPI S OUTHERN D IVISION Rebecca Lowery, Plaintiff, vs. Michael J. Astrue, Commissioner of Social Security, Defendant. Civil Action No.: 1:09cv427-LG-RHW Agreed Order Accepting the Parties' Settlement Agreement on Attorney's Fees Pursuant to the agreement of the parties, the Court hereby orders that the Commissioner of Social Security, Michael J. Astrue, pay the plaintiff the sum of seven-thousand dollars and zero cents ($7,000.00) pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). These funds are payable to plaintiff as the prevailing party, and are subject to offset through the Treasury Department's Offset Program to satisfy any preexisting debt plaintiff may owe to the government. If, subsequent to the entry of this order, the Commissioner determines that plaintiff owes no debt to the government that would subject this award of attorney's fees, the Commissioner may honor plaintiff's purported assignment of EAJA fees providing for payment of the subject fees to plaintiff's counsel, rather than to plaintiff. SO ORDERED AND ADJUDGED this the 14th day of March, 2011. Dockets.Justia.com s/ Louis Guirola, Jr. LOUIS GUIROLA, JR. CHIEF U.S. DISTRICT JUDGE Agreed to: Rebecca Lowery, Plaintiff By: s/Paul Brian Spurlock (by Stephen R. Graben with permission) Paul Brian Spurlock Attorney for the Plaintiff Michael J. Astrue, Commissioner of Social Security, Defendant By: s/Stephen R. Graben Stephen R. Graben Assistant United States Attorney Attorney for the Defendant 2

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