Mitchell v. Colvin

Filing 37

ORDER GRANTING 35 Plaintiff's Motion for Attorney Fees. The Commissioner is ordered to pay the Plaintiff $9,442.00 in back benefits. Signed by US District Judge Terrence W. Boyle on 8/17/2014. (Fisher, M.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION 7: 13-cv-42-BO GERALD MITCHELL, Plaintiff, ) ) ) ) v. ) CAROLYN COL YIN, 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 $9,442.00 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. Upon receipt of the§ 406(b) fee, Plaintiffwill be reimbursed the EAJA fee of $4,948.75 by counsel. It is therefore ORDERED that the Commissioner of Social Security pay to Plaintiffs counsel, the sum of $9,442.00 from Plaintiffs back benefits and upon the payment of such sum this case is dismissed with prejudice. This_jJ_dayof¥2014. United States District Judge

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