Pippen v. Astrue

Filing 19

ORDER granting 18 Motion for Attorney Fees pursuant EAJA. Signed by District Judge Martin Reidinger on 4/4/14. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11-cv-00258-MR-DLH

GLEN ALLEN PIPPEN,

)
)
Plaintiff,
)
)
vs.
)
)
CAROLYN W. COLVIN, Acting
)
Commissioner of Social Security,
)
)
Defendant.
)
________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for
Payment of Attorney Fees [Doc. 18]. The Defendant has not filed any
opposition to the Plaintiff’s motion.
The Plaintiff moves the Court to enter an Order awarding him
attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412(d). [Doc. 18]. In light of the Court’s prior remand of this matter, and
in the absence of any contention by the Commissioner that her position
was substantially justified or that special circumstances exist that would
render an award of attorney’s fees unjust, the Court concludes that the
Plaintiff is entitled to an award of attorney’s fees under the EAJA.

IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for
Payment of Attorney Fees [Doc. 18] is hereby GRANTED, and the Plaintiff
is hereby awarded attorney’s fees in the amount of One Thousand Eight
Hundred and Eighty Dollars ($1,880.00), which sum is in full satisfaction of
any and all claims by the Plaintiff in this case pursuant to 28 U.S.C. §
2412(d).
IT IS FURTHER ORDERED that no additional Petition pursuant to 28
U.S.C. § 2412(d) may be filed.
IT IS SO ORDERED.
Signed: April 4, 2014

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