Sheltray v. Commissioner of Social Security

Filing 24

JUDGMENT on Attorney Fees in favor of Marie A. Sheltray against Commissioner of Social Security. EAJA fee award in the amount of $4,000.00 in attorney fees and $350.00 in costs. (mae)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JUDGMENT ON ATTORNEY’S FEES IN A CIVIL CASE
__________________________________
MARIE A. SHELTRAY
Plaintiff
vs.

CASE NUMBER: 7:11-CV-480
(NAM/RFT)

COMMISSIONER OF SOCIAL SECURITY
Defendant
___________________________________

Decision by Court. This action came to hearing before the Court. The issues have
been heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that pursuant to the Consent Order entered in this
action, the decision of the Commissioner is REVERSED and this matter is REMANDED
to the Commissioner for further administrative proceedings in accordance with sentence
four of 42 U.S.C. § 405(g). This action is DISMISSED in accord with the decision in
Melkonyan v. Sullivan, 111 S. Ct. 2157 (1991).
IT IS FURTHER ORDERED AND ADJUDGED that pursuant to the Consent Order for
payment of fees entered in this action plaintiff be allowed an Equal Access to Justice
Act fee award in the amount of $4,000.00 in attorney's fees and $350.00 in costs. Fees
are payable to plaintiff, but if plaintiff does not owe a debt subject to offset under the
Treasury Offset Program, they are payable to the attorney.
All of the above pursuant to the Consent Orders of the Honorable United States District
Judge Norman A. Mordue, dated the 15th day of November, 2011 and the 31st day of
January, 2012.

DATED: January 30, 2012

s/ Melissa Ennis
Melissa Ennis
Deputy Clerk