Plummer v. Colvin

Filing 29

ORDER granting 26 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 6/20/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Civ. No. 7:16-cv-000155-D BRENDA PLUMMER Plaintiff, v. NANCY A. BERRYHILL, 1 Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER FOR 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 (910) 763-5485 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 1 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). 1 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 2

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