Venancio v. Berryhill

Filing 20

ORDER granting 18 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 1/12/2018. (Briggeman, N.)

THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-cv-00319-D

KEVIN VENANCIO,
Plaintiff,

v.
NANCY A. BERRYHILL,
Acting Commissioner
of Social Security,
Defendant.

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ORDER ON PLAINTIFF'S CONSENT
MOTION FOR ATTORNEY FEES
UNDER THE EQUAL ACCESS TO
JUSTICE ACT

Upon Plaintiffs Consent Motion for Attorney Fees under the Equal Access to Justice
Act, and Defendant's consent to that Motion, it is ORDERED that Defendant pay Plaintiff One
Thousand Three Hundred dollars ($1,300.00) 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, and Four Hundred
Dollars ($400.00) in costs is awarded to Plaintiff as reimbursement for the filing fee paid at the
commencement of the action.
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.
SO ORDERED. This .J..Z,.day of January 2018 .

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JA~S C. DEVER, III
United States Chief District Judge