James v. Colvin

Filing 20

ORDER denying as moot 17 Motion for Attorney Fees; granting 19 Plaintiff's Consent Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 03/01/17. (emw)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00141-MR

CYNTHIA WOMBLE JAMES,

)
)
Plaintiff,
)
)
vs.
)
)
NANCY A. BERRYHILL, Acting
)
Commissioner of Social Security,
)
)
Defendant.
)
___________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for Payment
of Attorney Fees [Doc. 17] and the Plaintiff’s Consent Motion for Fees under
the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A). [Doc. 19].
The Plaintiff seeks an award in the amount of $3,000.00 in full
satisfaction of any and all claims by the Plaintiff in this case pursuant to
EAJA. [Doc. 19]. The Defendant consents to that award. [Id.]. 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:
(1)

The Plaintiff’s Consent Motion [Doc. 19] is hereby GRANTED,
and the Plaintiff is hereby awarded attorney’s fees in the amount
of Three Thousand Dollars ($3,000.00), 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);

(2)

In the event that past-due benefits are awarded on remand, the
Plaintiff shall have sixty (60) days after being served with notice
of the past-due benefits award to file for an award of fees
pursuant to the Social Security Act, 42 U.S.C. § 406(b);

(3)

In light of the filing of the Plaintiff’s Consent Motion, the Plaintiff’s
Motion for Payment of Attorney Fees [Doc. 17] is DENIED AS
MOOT; and

(3)

No additional Petition pursuant to 28 U.S.C. § 2412(d) may be
filed.

IT IS SO ORDERED.
Signed: March 1, 2017

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