Castleberry v. Colvin(CONSENT)
| Derek M. Castleberry |
| Carolyn W. Colvin |
| 2:2013cv00411 |
| June 13, 2013 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Montgomery |
| Charles S. Coody |
| Social Security: SSID Tit. XIV |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
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Filing
32
MEMORANDUM OPINION AND ORDER: It is ORDERED and ADJUDGED that, pursuant to the 42 U.S.C. § 406(b), the petition for attorneys fees (doc. # 25 ) be and is hereby GRANTED, and the Commissioner shall pay to the plaintiff's attorney $11, 749.50 of the amount previously withheld from the plaintiff's past due benefits. It is further ORDERED that the plaintiffs counsel refund to the plaintiff the amount of $4,232.00 in fees previously awarded under the Equal Access to Justice Act. Signed by Honorable Judge Charles S. Coody on 9/6/2016. (kh, )
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Filing
24
ORDER that the 19 Motion for attorneys fees be and is herebyGRANTED to the extent that the plaintiff be and is hereby AWARDED fees in the amount of $4,232.00 as further set out in the order. 2. To the extent that plaintiffs counsel requests t hat fees be awarded directly to counsel, 28 U.S.C. § 2412(d)(1)(A) authorizes the court to award fees to the prevailing party.1 See 28 U.S.C. § (d)(2)(B). The motion that fees be paid directly to counsel be and is hereby DENIED as further set out in the order. Signed by Honorable Judge Charles S. Coody on 7/7/2014. (dmn, )
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Filing
17
MEMORANDUM OPINION AND ORDER that this case will be reversed and remanded to the Commissioner for further proceedings consistent with this opinion. It is further ORDERED that, in accordance with Bergen v. Commr of Soc. Sec., 454 F.3d 1273, 1278 fn. 2 (11th Cir. 2006), the plaintiff shall have sixty (60) days after he receives notice of any amount of past due benefits awarded to seek attorneys fees under 42 U.S.C. § 406(b). See also Blitch v. Astrue, 261 Fed. Appx. 241, 242 fn.1 (11th Cir. 2008). A separate final judgment will be entered. Signed by Honorable Judge Charles S. Coody on 5/30/2014. (dmn, )
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| Plaintiff: Derek M. Castleberry | |
| Represented By: | Jim C Pino |
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| Defendant: Carolyn W. Colvin | |
| Represented By: | Robert Randolph Neeley |
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