Krauss v. Colvin

Filing 40

JUDGMENT on Attorney Fees. IT IS ORDERED, ADJUDGED, AND DECREED that if Plaintiffs counsel has been paid fees under a fee petition under 42 U.S. C. § 406(a), or if Plaintiff has filed or intends to file for fees under that section, then Plaintif fs counsel's request for fees under 42 U.S.C. § 406(b) is denied. However, if Plaintiff has not received fees under 42 U.S.C. § 406 (a), and Plaintiff has not filed and does not intend to file for fees under that section, then Plaintif fs counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $6,000, and will refund to Plaintiff the smaller award between this amount and the EAJA award. If an award is claimed from the Commissioner under 42 U.S.C. § 406(b) pursuant to this Order, then Plaintiff is restricted from filing for fees from the Commissioner pursuant to 42 U.S.C. § 406(a) now or at any time in the future. Signed by Julie Richards Johnston, Clerk of Court on 10/24/2016. (Jenkins, C.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION

JANICE ANN KRAUSS,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner
of Social Security,
Defendant.

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JUDGMENT IN A CIVIL CASE
CASE NO. 2:15-CV-13-D

Decision by Court.
This action came before this Court for ruling as follows.
IT IS ORDERED, ADJUDGED, AND DECREED that if Plaintiff’s counsel has been paid
fees under a fee petition under 42 U.S. C. § 406(a), or if Plaintiff has filed or intends to file for
fees under that section, then Plaintiff’s counsel's request for fees under 42 U.S.C. § 406(b) is
denied. However, if Plaintiff has not received fees under 42 U.S.C. § 406(a), and Plaintiff has
not filed and does not intend to file for fees under that section, then Plaintiff’s counsel be
awarded fees under 42 U.S.C. § 406(b) in the amount of $6,000, and will refund to Plaintiff the
smaller award between this amount and the EAJA award. If an award is claimed from the
Commissioner under 42 U.S.C. § 406(b) pursuant to this Order, then Plaintiff is restricted from
filing for fees from the Commissioner pursuant to 42 U.S.C. § 406(a) now or at any time in the
future.
This Judgment Filed and Entered on October 24, 2016, and Copies To:
(via CM/ECF Notice of Electronic Filing)
Branch W. Vincent, III
Mark J. Goldenberg

DATE:
October 24, 2016

(via CM/ECF Notice of Electronic Filing)

JULIE RICHARDS JOHNSTON, CLERK
(By) /s/ Crystal Jenkins
Deputy Clerk