Holder v. Berryhill

Filing 28

ORDER granting 24 Motion for Attorney Fees. Signed by District Judge Terrence W. Boyle on 6/4/2018. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
CIVIL ACTION NO.: 4:17-cv-35
SUSAN S. HOLDER,
PLAINTIFF,

vs.

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NANCY A. Bf;RRYHILL,
DEPUTY COMMISSIONER FOR
OPERATIONS, SOCIAL
SECURITY,
DEFENDANT.

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TIDS MATTER IS BEFORE THE COURT on the Plaintiffs Consent Motion for Fees
Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(l)(A) filed on May 29, 2018.
Having reviewed the motion, supporting materials, memorandum'in support, and the case file the
Court determines that Plaintiff should be awarded an attorney's fee under the Equal Access to
Justice Act ("EAJA"), 28 U.S.C. § 2412(d), in the amount of $5,900.00.

IT IS ORDERED that the Plaintiffs Motion for Fees Under the Equal Access to Justice
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Act28 U.S.C. § 2412(d)(l)(A) filed is GRANTED, to the extent that the Court will award attorney
fees in the amount of $5,900.00, and that pursuant to Comm'r of Soc. Sec. v. Ratliff, 560 U.S.--,
130 S. Ct. 2521 (2010), the fee award will first be subject to offset of any debt Plaintiff may owe
to the United States. The Commissioner will determine whether Plaintiff owes a debt to the United
States. If so, the debt will be satisfied first, and if any funds remain, they will be made payable to
Plaintiff and mailed to Plaintiffs counsel. If the United States Department of the Treasury reports
to the Commissioner that the Plaintiff does not owe a federal debt, and the Commissioner
determines there is a valid assignment ofEAJA fees, the Commissioner may pay the awarded fees

directly to Plaintiffs counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be
filed.
This the

_:j_ day of T:_UAM

'2018.

~t>p
United States District Judge