Mitchell v. Colvin

Filing 41

JUDGMENT on Attorney Fees. IT IS ORDERED, ADJUDGED, AND DECREED that this action being submitted to the Court for an Order upon Plaintiff's 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 fromPlaintiff's back benefits pursuant to § 406(b) of the Social Security Act. It also appearing that upon receipt of the 406(b) fee, Plaintiff's counsel shall pay t o Plaintiff the lesser EAJA fee of $3,319.25. It is therefore ORDERED that the Commissioner of Social Security pay to Plaintiff's counsel the sum of $7,439.75 from Plaintiffs back benefits and upon the payment of such sum this case is dismissed with prejudice.. Signed by Peter A. Moore, Jr., Clerk of Court on 6/20/2017. (Briggeman, N.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

LARRY D. MITCHELL,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner
of Social Security,
Defendant.

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JUDGMENT IN A CIVIL CASE
CASE NO. 5:15-CV-209-D

Decision by Court.
This action came before this Court for ruling as follows.
IT IS ORDERED, ADJUDGED, AND DECREED that 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, Plaintiff’s 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 Plaintiff’s counsel the
sum of $7,439.75 from Plaintiffs back benefits and upon the payment of such sum this case is
dismissed with prejudice.

This Judgment Filed and Entered on June 20, 2017, and Copies To:
Bethany Morris Hukill
(via CM/ECF electronic notification)
Gabriel R. Deadwyler

DATE:
June 20, 2017

(via CM/ECF electronic notification)

PETER A. MOORE, JR., CLERK
(By) /s/ Nicole Briggeman
Deputy Clerk