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.)

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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 ยง 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.

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