Alexander v. Colvin
Filing
13
ORDER granting 12 Motion for Attorney Fees Under The Equal Access To Justice Act. Signed by Magistrate Judge David Keesler on 10/30/2017. (tmg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTON NO.: 5:16-CV-051-GCM-DCK
TRACY L. ALEXANDER,
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Plaintiff,
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v.
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NANCY A. BERRYHILL,
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Acting Commissioner of Social Security,
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Defendant.
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__________________________________________)
ORDER
THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Consent Motion For
Attorney Fees Under The Equal Access To Justice Act 28 U.S.C. § 2412” (Document No. 12) filed
October 27, 2017. This motion has been referred to the undersigned Magistrate Judge pursuant to
28 U.S.C. § 636(b), and immediate review is appropriate. Having carefully considered the motion,
the record, and noting consent of Plaintiff’s counsel, the undersigned will grant the motion.
Defendant is awarded attorney fees under the EAJA in the amount of $4,435.64 in full and final
settlement of attorney fees and costs arising under the Equal Access to Justice Act (EAJA). 28
U.S.C. § 2412(d).
In accordance with Plaintiff’s corresponding Consent Motion, full or partial remittance
of the awarded attorney fees will be contingent upon a determination by the Government that
Plaintiff owes no qualifying, pre-existing debt(s) to the Government. If such a debt(s) exists,
the Government will reduce the awarded attorney fees in this Order to the extent necessary to
satisfy such debt(s).
IT IS, THEREFORE, ORDERED that “Plaintiff’s Consent Motion For Attorney Fees
Under The Equal Access To Justice Act 28 U.S.C. § 2412” (Document No. 12) is GRANTED.
The Commissioner shall pay the sum of $4,435.64 in full satisfaction of any and all claims arising
under EAJA, 28 U.S.C. § 2412(d), and upon the payment of such sums this case is dismissed with
prejudice.
Signed: October 30, 2017
CONSENTED TO:
Date: October 26, 2017
Date: October 26, 2017
/s/ Amelia N. Patton
Amelia N. Patton Bar Number: 31718
Attorney for Plaintiff
Patton Law Offices, P.L.L.C.
P.O. Box 565
212 West Main Street
Elkin, NC 28621
336-844-2870
E-mail: apatton@pattonlawnc.com
/s/ Stephen Dmetruk
Stephen Dmetruk
Special Assistant United States Attorney
Georgia Bar # 113809
Attorney for Defendant
Social Security Administration Office of
the General Counsel 6401 Security
Boulevard Altmeyer Building, Room 617
Baltimore, Maryland 21235-6401
Telephone: (410) 966-4275
Fax: (410) 597-0137
Email: stephen.dmetruk@ssa.gov
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