Cheek v. Astrue

Filing 30

ORDER GRANTING 27 Motion for Attorney Fees. Signed by US District Judge Terrence W. Boyle on 9/17/2013. Counsel is directed to read Order in its entirety. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:12-CV-583-BO

KEITH CHEEK,
Plaintiff

v.
CAROLYNW. COLVIN,
Acting Commissioner of
Social Security,
Defendant.

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ORDER

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This action is being submitted to the Court for entry of an order, pursuant to Plaintiffs
Application for Attorney Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412, noting
that Plaintiff has spent 14 attorney hours and 1.25 legal assistance hours; and it appearing that
the Commissioner of Social Security has taken a position in the matter that has not been
substantially justified, in that the Defendant has defended this case when there could have been
no reasonable expectation that the Defendant could ultimately prevail; and therefore should pay
the plaintiffs attorney the sum of $ 2, 714.75 for attorney fees and in full and final settlement of
all claims due against the Social Security Administration for attorney fees and costs arising under
the Equal Access to Justice Act. 28 U.S.C. § 2412(d). Further, that Plaintiff, through affidavit
has assigned to his attorney the right to any entitlement to the EAJA award.
It is therefore ordered that the Commission of Social Security pay to plaintiffs attorney,
the sum of$ 2,714.75 in full satisfaction of any and all claims arising under the Equal Access to

This the

/J