Wright v. Colvin

Filing 25

ORDER granting 24 Motion for Attorney Fees. Signed by Magistrate Judge Dennis Howell on 06/12/17. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16cv12
EDWARD D. WRIGHT,

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Plaintiff,
v.
NANCY BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
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ORDER

Pending before the Court is the Consent Motion for Attorney Fees [# 24].
Plaintiff moves the Court to award attorney’s fees paid by the Commissioner of
Social Security (“Commissioner”) pursuant to the Equal Access to Justice Act, 28
U.S.C. § 2412(d). The Commissioner does not oppose the award of fees in this
case. Upon a review of the record, the motion, and the relevant legal authority,
the Court GRANTS the motion [# 24]. The Court DIRECTS the Commissioner
to pay to Plaintiff the sum of $5,000.00 in attorney fees. Such sum, however, shall
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 any remaining funds will be made payable to
Plaintiff and mailed to Plaintiff’s counsel. If the United States Department of the
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Treasury reports to the Commissioner that Plaintiff does not owe a debt to the
United States, the Commissioner shall pay the awarded fees directly to Plaintiff’s
counsel pursuant to the Assignment of Equal Access to Justice Act Attorney Fees
in the record. No additional petition pursuant to Section 2412(d) shall be filed in
this case.

Signed: June 12, 2017

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