Chapman, Jr. v. Colvin

Filing 21

ORDER granting 19 Motion for Attorney Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A). Signed by Senior Judge Graham Mullen on 6/16/16. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO.: 1:14-cv-294
FRANKLIN P. CHAPMAN, JR.,
PLAINTIFF,
VS.
CAROLYN W. COLVIN,
ACTING COMMISSIONER
OF SOCIAL SECURITY,
DEFENDANT.

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THIS MATTER IS BEFORE THE COURT on the Plaintiff’s Motion for Fees Under
the Equal Access to Justice Act 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 Equal Access to Justice
Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $5,300.00.
IT IS ORDERED that the Plaintiff’s Motion for Fees Under the Equal Access to Justice
Act 28 U.S.C. § 2412(d)(1)(A) filed is GRANTED, to the extent that the Court will award attorney
fees in the amount of $5,300.00, and that pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. --,
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 the 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.