High v. Colvin

Filing 35

ORDER granting 34 Consent Motion for Attorney Fees. Signed by Magistrate Judge Robert B. Jones, Jr on 12/20/2016. (Grady, B.)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA DEBORAH HINSON HIGH, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 7:15-cv-153-RJ 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 Special Assistant United States Attorney; and it appearing that the Parties have agreed that Plaintiff, Deborah Hinson High, is awarded attorney fees under the EAJA in the amount ofFour Thousand Six Hundred Dollars and 00/100 ($4,600.00) m full and final settlement of attorney fees arising under the Equal Access to Justice Act (EAJA). 28 U.S.C. § 2412(d). In accordance with Plaintiffs corresponding Consent Motion, full or partial remittance of the awarded attorney fees will be contingent upon a determination by the Government that Plaintiff owes no qualifying, pre-existing debt(s) to the Government. If such a debt(s) exists, the Government will reduce the awarded attorney fees in this Order to the extent necessary to satisfy such debt(s). It is therefore ORDERED that, pursuant to the above, the Commissioner pay the sum of Four Thousand Six Hundred Dollars and 00/100 ($4,600.00) in full satisfaction of any and all claims arising under EAJA, 28 U.S.C. § 2412(d), and upon the payment of such sums this case is dismissed with prejudice. This 20th day ofDecember, 2016. CONSENTED TO: United States Magistrate Judge Date: December 15, 2016 Is/ Karl E. Osterhout KARL E. OSTERHOUT, Esquire Pennsylvania State Bar No.: 49658 Osterhout Disability Law, LLC 521 Cedar Way, Suite 200 Oakmont, PA 15139 T:412-794-8003, ext 401 F: 412-794-8050 karl@mydisabilityattorney.com Attorney for Plaintiff Pro Hac Vice s/ Paul B. Eaglin Paul B. Eaglin, Esq. NCSB Bar No. 7097 Attorney for Plaintiff OLINSKY LAW GROUP One Park Place 300 S. State Street, Ste. 420 Syracuse, New York 13202 t: 315.701.5780 f: 315.701.5781 peaglin@windisability .com Local Counsel December 15, 2016 2 Date: December 15, 2016 /s/ Elisa Donohoe * Elisa Donohoe Special Assistant United States Attorney Social Security Administration Office of the General Counsel Room 617, Altmeyer Building 6401 Security Boulevard Baltimore, MD 21235 Telephone: 410-966-6366 Fax: 410-597-0527 Email: lisa.donohoe@ssa.gov Attorney for Defendant *Permission obtained for the use of counsel's electronic signature on December 14, 2016 via electronic mail. 3

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