Eddie v. Colvin

Filing 28

ORDER granting 24 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 11/7/2017. (Jenkins, C.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:16-cv-801-D LEONARD EDDIE, Plaintiff vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendant ) ) ) ) ) ) ) ) ) CONSENT ORDER Pursuant to the power of this Court to award attorney fees to a prevailing party other than the United States incurred by that party in a civil action against the United States, including proceedings for judicial review of agency action, under the Equal Access to Justice Act, 28 U.S.C. ยง 2412, and in light of this Court's judgment and order dated September 11, 2017, remanding this case to the Agency for further proceedings, and further that plaintiff, in the attached fee agreement, has assigned any attorney fee owed to be under the EAJA to her attorney and authorized plaintiffs attorney to endorse any government check for attorney fees paid to plaintiff ttnder EAJA, IT IS THEREFORE ORDERED that the United States Social Security Administration agrees to pay attorney fees in the amount of$ 6,085.97, in full satisfaction of any and all attorney fee claims Plaintiff may have in this case under the Equal Access to Justice Act. Further, pursuant to the United States Supreme Court's ruling in Astrue v. Ratliff, 130 S. Ct. 2521 (2010), these attorney fees are payable to plaintiff as the prevailing party and are subject to offset through the Treasury Department's Offset Program to satisfy any pre-existing debt plaintiff may owe to the United States government. If, after the entry of this Order, the Commissioner determines that plaintiff owes no debt to the United States that would subject this award of attorney fees to offset, the Commissioner may honor the plaintiffs assignment of EAJA fees providing for payment of the subject fees to plaintiffs counsel, rather than to plaintiff. If, however, the Commissioner discovers that plaintiff owes the United States any debt subject to offset, the Commissioner will pay any attorney fees remaining after such offset to plaintiff, rather than to counsel. Chief Untied States District Judge Consented to: Is/ VaughnS. Clauson VaughnS. Clauson, Bar Number: 23041 Attorney for Plaintiff The Clauson Law Firm, PLLC P.O. Box 110205 Durham, NC 27709 Telephone: (919) 794-8676 Fax: (919) 256-5190 vaughn@clausonlaw .com Is/ Stephen Dmetruk Stephen Dmetruk Special Assistant United States Attorney Social Security Administration Office of the General Counsel 6401 Security Boulevard Altmeyer Building, Room 617 Baltimore, MD 21235-6401 (410) 966-4275 Fax: (410) 597-1435 Stephen.dmetruk@ssa.gov 2

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