Lindsay v. Colvin

Filing 30

ORDER granting 29 Motion for Attorney Fees. Signed by Magistrate Judge David Keesler on 03/13/17. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:15-CV-013-GCM-DCK
SHANNON LINDSAY,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
Administration,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Consent Motion For
Attorney’s Fees Under The Equal Access To Justice Act 28 U.S.C. § 2412” (Document No. 29)
filed March 13, 2017. This motion has been referred to the undersigned Magistrate Judge pursuant
to 28 U.S.C. § 636(b), and immediate review is appropriate. Having carefully considered the
motion, the record, and noting consent of Defendant’s counsel, the undersigned will grant the
motion.
IT IS, THEREFORE, ORDERED that “Plaintiff’s Consent Motion For Attorney’s Fees
Under The Equal Access To Justice Act 28 U.S.C. § 2412” (Document No. 29) is GRANTED.
IT IS FURTHER ORDERED that the United States Social Security Administration shall
pay attorney’s fees in the amount of four thousand nine hundred seventy-one dollars and eightyeight cents ($4,971.88) in full satisfaction of any and all attorney’s fee claims Plaintiff may have
in this case under EAJA. Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff,
130 S. Ct. 2521 (2010), these attorney’s fees are payable to Plaintiff as the prevailing party, and

are subject to offset through the Treasury Department’s Offset Program to satisfy any pre-existing
debt Plaintiff may owe to the government.
SO ORDERED.

Signed: March 13, 2017

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