Strickland v. Colvin

Filing 32

ORDER GRANTING 29 Plaintiff's Motion for Attorney Fees. The plaintiff is awarded the sum of $4,550.00 in full satifaction of any and all claims arising under the EAJA. Signed by US District Judge Terrence W. Boyle on 11/25/2014. (Fisher, M.)

THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-cv-00357-BO

MICHAEL ANTHONY
STRICKLAND,
Plaintiff,
V.

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

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CONSENT ORDER FOR PAYMENT
OF FEES AND COSTS PURSUANT TO
THE EQUAL ACCESS TO JUSTICE ACT

This matter 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 to an award to the
Plaintiff of $4,550.00 for attorney fees in full and final settlement of all claims arising from the
above captioned case pursuant to the Equal Access to Justice Act ("BAJA"), 28 U.S. C.
§ 2412(d); and it appearing further that Plaintiff has assigned his right to payment of such fees

and costs to his attorney; and
Pursuant to Comm 'r ofSoc. Sec. v. Ratliff, 560 U.S. 2521, 130 S. Ct. 2521, 177 L. Ed. 2d
91 (20 10), the fee award will first be subject to offset of any debt Plaintiff may owe to the United
States. Defendant will determine whether Plaintiff owes a debt to the United States. If so, the
debt will be satisfied first, and if any funds remain, they will be made payable to Plaintiff and

mailed to Plaintiffs counsel. If the United States Department of the Treasury reports to the
Commissioner that Plaintiff does not owe a federal debt, the government will exercise its
discretion and honor the assignment of EAJA fees, and pay the awarded fees to Plaintiffs
counsel.

and hereby is, awarded the sum of$ 4,550.00 in full satisfaction of any and all claims against
Defendant arising under the EAJA, 28 U.S.C. § 2412(d), and upon the payment of such sum,
Defendant shall be discharged from any further liability for fees, costs, or expenses up until this
point in time; and it is further
ORDERED, that payment of such amounts shall be made directly to Plaintiffs attorney.

CONSENTED TO:

Is/ R. DAVID WICKER, JR.
R. DAVID WICKER, JR.
Roberti, Wittenberg, Lauffer, Wicker & Cinski, P.A.
100 E. Parrish St., Suite 200
P.O. Box 1852
Durham, NC 27702

Is/ Leo R. Montenegro
LEO R. MONTENEGRO
Special Assistant United States Attorney
Room 655, Altmeyer Building
640 1 Security Boulevard
Baltimore, Maryland 2123 5
Telephone: [phone]
New York Bar

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CERTIFICATE OF SERVICE
I do hereby certify that I have this 21 '1 day of November, 2014, served a copy of the
foregoing upon the below-listed parties electronically and/or by placing a copy of the same in the
U.S. Mail, addressed as follows:
R. David Wicker, Jr.
Roberti, Wittenberg, Lauffer, Wicker & Cinski, P.A.
100 E. Parrish St., Suite 200
P.O. Box 1852
Durham, NC 27702

By:

Is/ Leo R. Montenegro
LEO R. MONTENEGRO
Attorney for Defendant
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
Room 655, Altmeyer Building
6401 Security Boulevard
Baltimore, Maryland 21235
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
New York Bar