Green v. Colvin

Filing 20

ORDER granting 18 Motion for Attorney Fees pursuant to EAJA. Signed by Magistrate Judge David S. Cayer on 5/18/2016. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO.: 1:14-cv-293-RJC-DSC
SANDY L. GREEN,
PLAINTIFF,
VS.
CAROLYN W. COLVIN,
ACTING COMMISSIONER
OF SOCIAL SECURITY,
DEFENDANT.

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ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff’s Motion for Fees Under the
Equal Access to Justice Act (EAJA) 28 U.S.C. § 2412(d)(1)(A) filed on May 18, 2016. Having
reviewed the Motion, supporting materials, memorandum in support, and the case file, the Court
determines that Plaintiff should be awarded an attorney’s fee under the EAJA in the amount of
$5,500.00.
IT IS ORDERED that the Plaintiff’s Motion for Fees Under the EAJA is GRANTED, to
the extent that the Court will award attorney’s fees in the amount of $5,500.00, and that pursuant
to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. 586, 130 S. Ct. 2521 (2010), the fee award will first
be subject to offset of any debt Plaintiff may owe to the United States. The Commissioner 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 Plaintiff’s 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 an assignment of EAJA
fees, and pay the awarded fees directly to Plaintiff’s counsel. No additional petition pursuant to
28 U.S.C. § 2412(d) shall be filed.

SO ORDERED.
Signed: May 18, 2016