Lanier v. Colvin

Filing 36

ORDER granting 32 Consent Motion for Attorney Fees - Signed by Chief Judge James C. Dever III on 9/19/2014. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:13-CV-212-D
GAIL J. LANIER,

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Plaintiff,
V.

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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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ORDER FOR FEES UNDER THE
EQUAL ACCESS TO JUSTICE ACT

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This action being submitted to the Court for entry of a Consent Order agreed to, in
amount, by the parties, that the Commissioner of Social Security should pay an negotiated sum of
$5,000.00 for attorney fees, in full and final settlement for attorney fees and costs arising under
the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The Court further accepts the
Commissioner's assertion that her having requested that this Court remand the case prior to this
Court's adjudication on the merits was an admission that she was not substantially justified.
ACCORDINGLY, the Court hereby awards Plaintiff$5,000.00 in attorney fees under the
EAJA, paid to Plaintiff's attorney ifthere is no debt that qualifies under the Treasury Offset
Program (31 U.S.C. § 3716). Ifthere is such a debt, any fee remaining after offset will be
payable to Plaintiff and delivered to Plaintiff's attorney.
This __ii_ day of

J«a.i,J.e&Y.h..aA , 2014.

CHIE UNITED STATES DISTRICT JUDGE
JUDGE JAMES C. DEVER III