Holder v. Berryhill

Filing 29

JUDGMENT on Attorney Fees. IT IS ORDERED, ADJUDGED, AND DECREED that the Plaintiff's Motion for Fees Under the Equal Access to Justice Act 28 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. 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 firs t, and if any funds remain, they will be made payable to Plaintiff and mailed to Plaintiff's counsel. If the United States Department of the Treasury reports to the Commissioner that the Plaintiff does not owe a federal debt, and the Commissione r determines there is a valid assignment of EAJA fees, the Commissioner may pay the awarded fees directly to Plaintiff's counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed. Signed by Peter A. Moore, Jr., Clerk of Court on 6/5/2018. (Briggeman, N.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION SUSAN S. HOLDER, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) JUDGMENT IN A CIVIL CASE CASE NO. 4:17-CV-35-BO Decision by Court. This action came before this Court for ruling as follows. IT IS ORDERED, ADJUDGED, AND DECREED that the Plaintiffs Motion for Fees Under the Equal Access to Justice Act 28 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. 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 Plaintiff’s 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 of EAJA fees, the Commissioner may pay the awarded fees directly to Plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed. This Judgment Filed and Entered on June 5, 2018, and Copies To: George C. Piemonte (via CM/ECF electronic notification) Cassia W. Parson (via CM/ECF electronic notification) Gabriel R. Deadwyler (via CM/ECF electronic notification) Wanda D. Mason (via CM/ECF electronic notification) DATE: June 5, 2018 PETER A. MOORE, JR., CLERK (By) /s/ Nicole Briggeman Deputy Clerk

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