Curry v. Berryhill

Filing 22

ORDER granting 21 Motion for Attorney Fees. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 11/20/2017. (Collins, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA CIVIL ACTION NO.: 4:17-CV-030-FL CRAIG DELMAR CURRY, PLAINTIFF, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, DEFENDANT. ) ) ) ) ) ) ) ) ) ) ) ORDER This action being submitted to the Court for entry of a Consent Order agreed to by the Parties and it appearing that Plaintiff, by and through his attorney, has executed this Consent Order and Defendant has executed this Consent Order, by and through the undersigned Special Assistant United States Attorney; and it appearing that the Parties have agreed that Plaintiff, Craig Curry, is awarded attorney fees under the EAJA in the amount of $3,750.00 and $400.00 in filing fees in full and final settlement of attorney fees and costs arising under the Equal Access to Justice Act (EAJA). 28 U.S.C. § 2412(d). In accordance with Plaintiff’s corresponding Consent Motion, full or partial remittance of the awarded attorney fees will be contingent upon a determination by the Government that Plaintiff owes no qualifying, pre-existing debt(s) to the Government. If such a debt(s) exists, the Government will reduce the awarded attorney fees in this Order to the extent necessary to satisfy such debt(s). It is therefore ORDERED that, pursuant to the above, the Commissioner pay the sum of $3,750.00 and that the Treasury Judgment Fund pay Plaintiff’s counsel the sum of $400.00 in full satisfaction of any and all claims arising under EAJA, 28 U.S.C. § 2412(d), and upon the payment of such sums this case is dismissed with prejudice. 17 20th November This _____ day of ______________, 20__. _________________________________ United States District Judge CONSENTED TO: November 15, 2017 s/ Karl E. Osterhout Karl E. Osterhout, Esq. Pennsylvania State Bar No.: 49658 Osterhout Disability Law 521 Cedar Avenue, Suite 200 Oakmont, PA 15139 Telephone: (412) 794-8003 Fax: (412) 794- 8050 Pro Hace Vice November 15, 2017 s/ Paul B. Eaglin Paul B. Eaglin, Esq. NCSB Bar No. 7097 Attorney for Plaintiff PO Box 6033 Syracuse, New York 13217 t. 877-374-4744 f: 877-499-6808 e: Local Counsel 2 November 15, 2017 s/ Leo R. Montenegro Leo R. Montenegro, Esq. Special Assistant United States Attorney Social Security Administration Office of the General Counsel 6401 Security Boulevard Altmeyer Building, Room 617 Baltimore, Maryland 21235-6401 Telephone: (410) 965-3153 Facsimile: (410) 597-0527 E-Mail: Attorney for Defendant 3

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