Tuttle v. Berryhill
Filing
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ORDER granting 20 Motion for Attorney Fees under EAJA. Signed by Magistrate Judge David Keesler on 9/26/2018. (kby)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:18-CV-022-DCK
ROBERT MICHAEL TUTTLE,
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 Petition For Attorney Fees
Under The Equal Access To Justice Act 28 U.S.C. § 2412” (Document No. 20) filed September
26, 2018. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. §
636(c), and the motion is ripe for disposition. After careful review of the motion and the record,
and noting consent of Defendant’s counsel, the undersigned will grant the motion.
IT IS, THEREFORE, ORDERED that “Plaintiff’s Petition For Attorney Fees Under The
Equal Access To Justice Act 28 U.S.C. § 2412” (Document No. 20) is GRANTED; and it
appearing that the parties have agreed that the Commissioner of Social Security should pay the
sum of $5,270.00, in full and final settlement of all claims arising under the Equal Access to Justice
Act (“EAJA”). See 28 U.S.C. § 2412(d).
IT IS FURTHER ORDERED that the Commissioner of Social Security pay to Plaintiff
the sum of $5,270.00, in full satisfaction of any and all claims arising under EAJA, 28 U.S.C. §
2412(d), and upon the payment of such sum, this case is dismissed with prejudice. If the award to
Plaintiff is not subject to the Treasury Offset Program, payment will be made by check payable to
Plaintiff’s counsel, Charlotte Hall, and mailed to her office at P.O. Box 10629, Raleigh, North
Carolina, 27605, in accordance with Plaintiff’s assignment to her attorney of her right to payment
of attorney’s fees under the Equal Access to Justice Act. If the payment is subject to offset, then
any remaining fee will be made payable to Plaintiff and mailed to Plaintiff’s counsel’s office
address.
SO ORDERED.
Signed: September 26, 2018
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