Blake v. Berryhill

Filing 23

ORDER granting 21 Amended Consent Motion for Attorney Fees pursuant to EAJA. Signed by Magistrate Judge Dennis Howell on 5/14/2018. (kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17CV241
NICOLE LEE BLAKE,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
_______________________________

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ORDER

This matter is before the Court on Plaintiff’s Amended Consent Motion for Attorney Fees
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (# 21). The Court has
reviewed the attorneys’ Itemization of Time (# 21-2) and Contingent Fee Agreement (# 21-1).
These documents appear to be in order, and the Court is not aware of any special circumstances
that would make an EAJA award in this case unjust. Therefore, the Court ORDERS the following:
(1)

Plaintiff’s Amended Consent Motion for Attorney Fees pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (# 21) is GRANTED;

(2)

Plaintiff is entitled to an EAJA counsel fee in the amount of $6,080.00; and

(2)

If Plaintiff has no debt registered with the Department of Treasury that is subject to
offset, the fees are payable to her attorneys, Paul B. Eaglin, Karl E. Osterhout, and
Lindsay F. Osterhout.1

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Signed: May 14, 2018

The Fee Agreement reflects that Plaintiff assigned her rights. (# 21-1) at 1.