Daniels v. Colvin

Filing 23

ORDER granting 21 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 4/17/2017. (Briggeman, N.)

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THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:16-cv-00790-D SUSAN T. DANIELS, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER REGARDING ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 u.s.c. § 2412(d) Upon the stipulation of the parties, it is ORDERED that Defendant pay Plaintiff five thousand dollars ($5,000.00) in attorney's fees in full satisfaction of any and all claims arising under the Equal Access to Justice Act, 28 U.S.C. § 2412. Pursuant to Comm 'r ofSoc. Sec. v. Ratliff, 560 U.S. 2521 (2010), the fee award will first be subject to offset of any debt Plaintiff may owe to the United States. If such a debt exists, the debt will be satisfied first, and if any funds remain, they will be made payable to Plaintiff and mailed to Plaintiffs attorney. If Plaintiff does not owe a federal debt, the Commissioner will honor the agreement between Plaintiff and her attorney, and the fees will be made payable to and delivered to Plaintiffs attorney. /1 l\ .......Jo...;\ JAMES c. DEVER III Chief United States District Judge

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