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.)

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

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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. § 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: [phone]
Fax: [phone]
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
[phone]
Fax: [phone]
[e-mail]

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