Heath v. Colvin

Filing 39

CONSENT ORDER granting 38 Motion for Attorney Fees. Signed by Magistrate Judge Kimberly A. Swank on 3/12/2015. (Foell, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:14-cv-127-KS JAMES HEATH, Plaintiff, v. CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) CONSENT ORDER This action 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 Assistant United States Attorney; and it appearing that the parties have agreed that the Commissioner of Social Security should pay the sum of $4,500.00 for attorney fees, in full and final settlement of all claims due against the Social Security Administration, for attorney fees and costs arising under the Equal Access to Justice Act (EAJA). 28 U.S.C. § 2412(d). It is therefore ORDERED that the Commissioner of Social Security pay to Plaintiff’s attorney $4,500.00 for attorney fees if there is no debt that qualifies under the Treasury Offset Program (31 U.S.C. § 3716). If there is such a debt, any fee remaining after offset will be payable to Plaintiff and delivered to Plaintiff’s attorney. 12th This _____ day of ______________, 2015. March _________________________________ ______________________________ _ __ _ _ _____ KIMBERLY A. SWANK KIMBERLY A. IM Y United States District Judge CONSENTED TO: /s/CHARLOTTE W. HALL Attorney for Plaintiff N.C. Bar # 41290 Charles T. Hall Law Firm, P.C. P.O. Box 10629 Raleigh, NC 27605 Telephone: (919) 791-1883 Fax: (919) 791-1886 charlotte@charleshallfirm.com /s/CASSIA W. PARSON Special Assistant United States Attorney Social Security Administration 6401 Security Boulevard Room 617, Altmeyer Building Baltimore, Maryland 21235 Telephone: (410) 966-0446 Fax: (410) 597-1435 Cassia.parson@ssa.gov Maryland Bar

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