Mitchell v. Colvin

Filing 40

ORDER granting 37 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 6/20/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 5: 15-cv-209-,P
LARRY D. MITCHELL,

)
)
)
)

Plaintiff,

)

~

NANCY BERRYHILL,
Acting Commissioner of Social
Security,
Defendant.

)
)
)
)
)
)

ORDER

This action being submitted to the Court for an Order upon Plaintiffs showing that the
Commissioner of Social Security should pay the sum of $7,439.75 for attorney fees, representing
25% of Plaintiffs accrued back benefits, to be paid from Plaintiffs back benefits pursuant to §
406(b) of the Social Security Act. It also appearing that upon receipt of the 406(b) fee, Plaintiffs
counsel shall pay to Plaintiff the lesser EAJA fee of $3,319.25.
It is therefore ORDERED that the Commissioner of Social Security pay to Plaintiffs
counsel the sum of $7,439.75 from Plaintiffs back benefits and upon the payment of such sum
this case is dismissed with prejudice.
SO ORDERED. This

2.0

day of June 2017.