McKinstry v. Colvin

Filing 20

ORDER re: 19 Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 12/6/2017. (nvc)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Jessica Denise McKinstry,
Plaintiff,
v.
Nancy Berryhill,
Acting Commissioner Of
Social Security,
Defendant.

)
)
)
)
)
)
)
)
)

Civil Action No. 5:17-cv-00012
Consent Order

This action being submitted to the Court for entry of a Consent Order agreed to by
the Parties and it appearing that Plaintiff, by and through her attorney, has executed this
Consent Order and Defendant has executed this Consent Order, by and through the
undersigned Special Assistant United States Attorney; and it appearing that the Parties
have agreed that Plaintiff, Jessica Denise McKinstry, is awarded attorney fees under the
EAJA in the amount of $4,000.00 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, pursuant to the above, the Commissioner pay the
sum of $4,000.00 in full satisfaction of any and all claims arising under EAJA, 28 U.S.C.
§ 2412(d), and upon the payment of such sums this case is dismissed with prejudice.
Signed: December 6, 2017

CONSENTED TO:
Date: November 27, 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: [e-mail]

Date: November 27, 2017

/s/ Leah F. Golshani
Leah F. Golshani
Special Assistant United States Attorney
Maryland Bar
Attorney for Defendant
Social Security Administration
Office of the General Counsel
6401 Security Boulevard
Altmeyer Building, Room 617
Baltimore, Maryland 21235-6401
410-965-5718
Email: [e-mail]
Attorney for Defendant

2