Plummer v. Colvin
ORDER granting 26 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 6/20/2017. (Briggeman, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Civ. No. 7:16-cv-000155-D
NANCY A. BERRYHILL, 1
Acting Commissioner of Social Security,
PAYMENT OF ATTORNEY FEES
UNDER THE EQUAL ACCESS
TO JUSTICE ACT
Upon stipulation and agreement of the parties, it is ORDERED that Defendant pay to
Plaintiff $6,400.00 in attorney's fees in full satisfaction of any and all claims arising under the
Equal Access to Justice Act, 28 U.S.C. § 2412. Such payment should be sent to:
James B. Gillespie, Jr.
Attorney for Plaintiff
Law Offices of James B. Gillespie, Jr., PLLC
415 Chestnut Street
Wilmington, NC 28401
Provided that the award to Plaintiff is not subject to the Treasury Offset Program,
payment will be made by check payable to Plaintiffs counsel, James B. Gillespie, Jr. and
mailed to the office address above in accordance with Plaintiff's assignment to counsel of her
right to payment of attorney fees under EAJA. If the award is subject to Offset, the remaining
Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
ofthe Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting
Commissioner Carolyn W. Colvin as the Defendant in this suit. No further action needs to be
taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security
Act, 42 U.S.C. § 405(g).
fees, if any, will be payable to Plaintiff and sent to Plaintiffs counsel.
SO ORDERED. This 1.0
day of June 2017.
Chief United States District Judge
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