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.)

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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. ) ) ) ) ) ) ) ) ) ) ) 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. ยง 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 . .../1 hq__y ....... JA~S C. DEVER, III United States Chief District Judge

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