McNeill v. Colvin

Filing 31

ORDER granting 29 Motion for Attorney Fees. Signed by Magistrate Judge Kimberly A. Swank on 6/29/2017. (Foell, S.)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-00646-KS
ANTHONY MCNEILL,
Plaintiff,

vs.
NANCY BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

)
)
) 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 $ 5,250.00 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 (EAJA), 28 U.S.C. § 2412(d);
and it appearing further that the Plaintiff has assigned his right to payment of such fees and costs
to his attorney. Plaintiff also seeks reimbursement of the $400.00 filing fee paid at the
commencement of this action from the Treasury Judgment Fund. Defendant does not object to
the reimbursement of the $400.00 filing fee.
28th
June
It is therefore ORDERED, this the _________ day of ____________ 2017, that the

Plaintiff shall be, and hereby is, awarded the sum of $ 5,250.00 for attorney fees and
reimbursement of the $400.00 filing fee paid at the commencement of this action from the

Treasury Judgment Fund, in full satisfaction of any and all claims against the Defendant arising
from the above captioned case under the EAJA, 28 U.S.C. § 2412(d), and upon the payment of
such sum, the 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 in accordance with Plaintiff's assignment of EAJA fees, if there is no
debt that qualifies under the Treasury Offset Program, the award will be sent Plaintiff’s
Counsel’s office address, Charlotte Hall, attorney. If there is such a debt, any amount
remaining after offset will be made payable to Plaintiff and sent to Plaintiff’s counsel.

________________________________
_____________________________________
_
KIMBERLY A SWANK
Y A.
United States Magistrate Judge

CONSENTED TO:
/s/Charlotte W. Hall
N.C. Bar # 41930
Charles T. Hall Law Firm, P.C. Wilmington, NC 28405
P.O. Box 27605
Telephone: [phone]
Facsimile: 919-791-1886
Email: [e-mail]
/s/ Wanda D. Mason
Attorney for Defendant
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
Room 617, Altmeyer Building
6401 Security Boulevard
Baltimore, Maryland 21235
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Maryland Bar