Stamper v. Astrue

Filing 23

ORDER granting 21 Motion for Attorney Fees. Plf's cnsl shall be paid the sum of $12,400.00 in atty's fees pursuant to 42 USC 406(b). Plf's cnsl shall return to plf the $2,139.00 previously paid pursuant to the EAJA. Signed by Magistrate Judge David S. Cayer on 3/11/2013. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
LONNIE STAMPER,
Plaintiff,
v.

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)
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CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration,
Defendant.1

C.A. No. 5:10-CV-202-RLV-DSC

ORDER
THIS MATTER is before the Court on Plaintiff’s Motion for Attorney’s Fees Pursuant
to 42 U.S.C. § 406(b), filed on March 4, 2013 (Dkt. No. 21). Plaintiff is seeking a fee in the
amount of $12,400.00 pursuant to 42 U.S.C. § 406(b). Defendant has stated that she has no
objection to payment of a fee in the amount of $12,400.00 pursuant to 42 U.S.C. § 406(b),
provided that Plaintiff’s counsel returns to Plaintiff the $2,139.91 previously paid pursuant to the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).
NOW THEREFORE, IT IS ORDERD:
1.

Plaintiff’s counsel shall be paid the sum of $12,400.00 in attorney’s fees pursuant
to 42 U.S.C. § 406(b).

2.

Plaintiff counsel shall return to Plaintiff the $2,139.00 previously paid pursuant to
the EAJA.

3.

1

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

Carolyn W. Colvin became Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Carolyn W. Colvin is substituted for Michael J. Astrue as Defendant in this
matter.

SO ORDERED.

Signed: March 11, 2013