Jones v. Colvin

Filing 24

ORDER granting 22 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 4/2/2017. (Briggeman, N.)

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THE UNITED STATES DISTRICT COURT . FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:16-cv-00310-D JOYNEKA N. JONES, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER FOR PAYMENT OF FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT Plaintiff having applied for $443.16 in attorney fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), with no objection by Defendant; and it appearing that Plaintiff has assigned her right to payment of such fees and costs to her attorney; and Pursuant to Comm 'r ofSoc. Sec. v. Ratliff, 560 U.S. 586 (2010), the fee award will first be subject to offset of any debt Plaintiff may owe to the United States. Defendant will determine whether Plaintiff owes a debt to the United States. If so, the debt will be satisfied first, and if any funds remain, they will be made payable to Plaintiff and mailed to Plaintiffs counsel. If the United States Department of the Treasury reports to the Commissioner that Plaintiff does not owe a federal debt, the government will exercise its discretion and honor the assignment of EAJA fees, and pay the awarded fees to Plaintiffs counsel. It is therefore ORDERED, this~ day of Apr- 1' ' , 2017, that Plaintiff shall be, and hereby is, awarded the sum of $443.16 in full satisfaction of any and all claims against Defendant arising under the EAJA, 28 U.S.C. § 2412(d), and upon the payment of such sum, Defendant shall be discharged from any further liability for fees, costs, or expenses up until this point in time; and it is further ORDERED, that, if Plaintiff does not owe any debt to the United States, payment of such amounts shall be made directly to Plaintiffs attorney. . " SO ORDERED. This _..2._ day of April2017.

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