Stull v. Commissioner of Social Security

Filing 23

ORDER: It is ORDERED that Magistrate Kaull's 22 Report and Recommendation is adopted. Counsel for Plaintiff is awarded attorney's fee in the amount of $4,870.69. Signed by District Judge Irene M. Keeley on 7/28/14. (cnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
JAMES LEE STULL,
Plaintiff,
v.

CIVIL ACTION NO. 1:13CV211
(Judge Keeley)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER
On July 2, 2014, Brian D. Bailey, counsel for the plaintiff,
James Lee Stull (“Stull”), filed a “Motion for Attorney Fees,”
(dkt. no. 17), seeking an attorney’s fee award in the amount of
$7,470.63. On July 14, 2014, counsel for the defendant Commissioner
of Social Security (“Commissioner”) filed a response (dkt. no. 18)
opposing the motion. Three days later, on July 17, 2014, the
Commissioner filed a stipulation (dkt. no. 21) notifying the Court
that the parties had agreed to withdraw the “previously filed Equal
Access to Justice Act petition” and attendant filings, and had
stipulated that plaintiff was entitled to an attorney’s fee of
$4,870.69.
Meanwhile, on July 17, 2014, Magistrate Judge John S. Kaull
recommended that the Court award the plaintiff an attorney’s fee of
$4,870.69, and deny the pending motion as moot.
For

good

cause,

the

Recommendation. Therefore, it

Court

adopts

the

Report

and

STULL V. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY 1:13CV211
ORDER
1.

Awards counsel for the plaintiff, James Lee Stull, an
attorney’s fee in the amount of Four Thousand Eight
Hundred Seventy Dollars and Sixty-Nine cents ($4,870.69);

2.

Directs that the attorney’s fee be mailed to the business
address of plaintiff’s counsel, Brian D. Bailey; and

3.

Directs that full or partial remittance of the awarded
attorney’s fee is contingent upon a determination by the
Government that the plaintiff owes no qualifying, preexisting debt(s) to the Government. If such a debt(s)
exists, however, the Government will reduce the awarded
attorney fees in this Order to the extent necessary to
satisfy such debt(s).

It is so ORDERED.
The Court directs the Clerk to transmit copies of this Order
to counsel of record.
DATED: July 28, 2014.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

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