Hardin v. Berryhill

Filing 17

CONSENT ORDER granting 16 Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 03/08/18. (emw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION No. 1:17-cv-74-RJC-DSC BARRY HARDIN, ) ) Plaintiff, ) ) v. ) ) CONSENT ORDER NANCY BERRYHILL, ) Acting Commissioner of Social ) Security, ) ) Defendant. ) This matter being submitted to the Court for entry of a Consent Order 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 Assistant United States Attorney; and it appearing that the parties have agreed that the Commissioner of Social Security should pay the sum of $3,950.00 for attorney fees in full and final settlement of all claims for attorney fees arising under the Equal Access to Justice Act (“EAJA”). 28 U.S.C. § 2412(d). It also appearing that the Treasury Judgment Fund (“TJF”) should reimburse Plaintiff’s counsel the $400.00 filing fee paid at the commencement of this action, It is therefore ORDERED that the Commissioner of Social Security pay to Plaintiff the sum of $3,950.00 and that the TJF pay to Plaintiff’s counsel $400.00, both sent to Plaintiff’s counsel’s office address, 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. SO ORDERED. Signed: March 8, 2018 CONSENTED TO: /s/ CHARLOTTE W. HALL Attorney for Plaintiff N.C. Bar # 41290 Charles T. Hall Law Firm, P.C. P.O. Box 10629 Raleigh, NC 27605 Telephone: (919) 791-1883 Fax: (919) 791-1886 charlotte@charleshallfirm.com /s/ CHRISTIAN VAINIERI Attorney for Defendant Special Assistant United States Attorney Social Security Administration Office of the General Counsel 6401 Social Security Boulevard Altmeyer Building, Room 617 Baltimore, MD 21235 Telephone: (410) 965-4686 Fax: (410) 965-3107 Email: Christian.vainieri@ssa.gov New York Bar

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