Newton v. Colvin

Filing 28

ORDER granting 26 Motion for Attorney Fees and directs the Commissioner to pay Plaintiff $4,428.00. Signed by Magistrate Judge David S. Cayer on 8/24/2015. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

BILLY JOE NEWTON,
Plaintiff,

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vs.
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CAROLYN W. COLVIN,
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Acting Commissioner of the
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Social Security Administration,
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Defendant.
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______________________________)

Civil No. 3:14-cv-00371-RJC-DSC
ORDER

THE ABOVE REFERENCED SOCIAL SECURITY CASE IS BEFORE THE
COURT upon Plaintiff’s Motion for Attorney’s Fees. On July 20, 2015, the Court reversed the
Commissioner’s decision denying Plaintiff’s claim for Social Security disability benefits and
remanded the case for further proceedings. On August 20, 2015, Plaintiff filed an unopposed
motion for fees, costs, and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412
(“EAJA”) totaling $4,428.00.
The Court GRANTS this Motion and directs the Commissioner to pay Plaintiff $4,428.00.
Such payment shall constitute a complete release from and bar to any and all further claims that
Plaintiff may have under the EAJA to fees, costs, and expenses incurred in connection with the
Commissioner’s decision in this case. This award is without prejudice to the rights of Plaintiff’s
counsel to seek attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b),
subject to offset provisions of the EAJA.

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SO ORDERED.
Signed: August 24, 2015

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