El v. Berryhill
Filing
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ORDER granting 19 Plaintiff's Motion for Attorney Fees Under The Equal Access To Justice Act 28 U.S.C. § 2412. Signed by Magistrate Judge David Keesler on 1/29/19. (mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-237-DCK
LATASHA EL,
Plaintiff,
v.
NANCY 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. 19) filed January 24,
2019. The parties have consented to Magistrate Judge pursuant to 28 U.S.C. § 636(b), and
immediate review is appropriate. Having carefully considered the motion and the record, and it
appearing that the parties have agreed that the Commissioner of Social Security should pay the
sum of $8,000.00, in full and final settlement of all claims arising under the Equal Access to Justice
Act (“EAJA”), 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. 19) is GRANTED.
IT IS FURTHER ORDERED that the Commissioner of Social Security pay to Plaintiff
the sum of $8,000.00, 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: January 29, 2019
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