Arnett v. Colvin

Filing 19

ORDER granting 18 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 08/07/17. (emw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:16-cv-00161-MOC-DLH
LISA L. ARNETT,
Plaintiff,
Vs.
NANCY A. BERRYHILL, 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. The Court enters the following Order, pursuant to its
authority to award fees to a prevailing party, other than the United States, incurred
by that party in a civil action against the United States under the Equal Access to
Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A), and in light of this court’s Order
(#16) and Clerk’s Judgment (#17) remanding this case to the Commissioner for
further proceedings. The Court notes that the parties have conferred on this matter
and agreed upon the fees. Having considered such motion, the Court enters the
following Order.

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ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Motion for Fees Under
the Equal Access to Justice Act (#18) is GRANTED, and the Social Security
Administration shall pay attorney’s fees in the amount requested of $4,845.00, in
full satisfaction of any and all attorney’s fee claims plaintiff may have in this case
under the EAJA. Pursuant to the United States Supreme Court’s ruling in Astrue v.
Ratliff, 130 S. Ct. 2521 (2010), these attorney’s fees are payable to plaintiff as the
prevailing party, and are subject to offset through the Treasury Department’s Offset
Program to satisfy any pre-existing debt plaintiff may owe to the government. If,
subsequent to the entry of the Court’s EAJA Order, the Commissioner determines
that Plaintiff owes no debt to the government that would subject this award of
attorney fees to offset, the Commissioner may honor plaintiff’s signed assignment
of EAJA fees providing for payment of the subject fees to plaintiff’s counsel, rather
than to plaintiff. If, however, the Commissioner discovers that plaintiff owes the
government any debt subject to offset, the Commissioner shall pay any attorney fees
remaining after such offset to plaintiff, rather than to counsel.
Signed: August 7, 2017

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