Dudley v. Colvin

Filing 24

ORDER granting 23 Consent Motion for Attorney Fees in the amount of $6300.00. Signed by Magistrate Judge Kimberly A. Swank on 8/25/2017. (Foell, S.)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA JIMMY EARL DUDLEY, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 7:16-cv-403-KS CONSENT ORDER Electronic Filing 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, Jimmy Earl Dudley, is awarded attorney fees under the EAJA in the amount of Six Thousand Three Hundred Dollars and 00/100 ($6,300.00) in filing fees in full and final settlement of attorney fees and costs arising under the Equal Access to Justice Act (EAJA). 28 U.S.C. § 2412(d). In accordance with Plaintiff’s 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 Six Thousand Three Hundred Dollars and 00/100 ($6,300.00) 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. 25th August 17 This _____ day of ______________, 20__.. _________________________________ United States Magistrate Judge CONSENTED TO: Date: 8/22/17 /s/ Karl E. Osterhout Karl E. Osterhout, Esquire Osterhout Berger Disability Law, LLC 521 Cedar Way, Suite 200 Oakmont, PA 15139 PH: 412-794-8003 (ext 401) FX: 412-794-8050 Karl@mydisabilityattorney.com Attorney for Plaintiff Date: 8/22/17 /s/ David M. Mansfield* David M. Mansfield Special Assistant United States Attorney Social Security Administration Office of the General Counsel 6401 Security Boulevard Altmeyer Building, Room 617 Baltimore, MD 21235-6401 Ph: (410) 966-2305 Fx: 410-597-0137 David.mansfield@ssa.gov Attorney for Defendant *Permission to use electronic signature was obtained via email dated 8/22/17. 2

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