Welch v. Colvin

Filing 12

ORDER granting 10 Motion for Attorney Fees to the extent that Plaintiff's counsel shall be paid the sum of $2,401.64 for attorney fees, so long as Plaintiff does not owe a debt to the government at the time the fees are awarded. Signed by Chief Judge Frank D. Whitney on 12/12/13. (nll)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:13cv22-FDW
ANTONIA C. WELCH,

)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
)
Defendant.
)

ORDER

THIS MATTER is before the Court on Plaintiff’s “Motion for Fees Under the Equal
Access to Justice Act” filed on December 4, 2013 (Doc. No. 10) and Defendant’s response (Doc.
No. 11). In her response, Defendant advises that she does not oppose an award of attorney fees
in the amount of $2,401.64 provided that this is the only petition filed by Plaintiff in this case
under 28 U.S.C. § 2412(d). The Defendant also agrees to pay the attorney fees directly to
Plaintiff’s counsel so long as Plaintiff does not owe the government a debt at the time that the
EAJA fees are awarded.
NOW THEREFORE, IT IS ORDERED that:
(1)

Plaintiff’s “Motion For Fees Pursuant to the Equal Access to Justice Act” (Doc.

No. 10) is GRANTED, to the extent that Plaintiff’s counsel shall be paid the sum of $2,401.64
for attorney fees, so long as Plaintiff does not owe a debt to the government at the time the fees
are awarded;
(2)

No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed;

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(3)

The Clerk is directed to serve copies of this Order to counsel for the parties.

SO ORDERED.

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