Byrd v. Colvin

Filing 14

AMENDED ORDER granting 12 Consent MOTION for Attorney Fees under EAJA. Amending 13 Order on Consent Motion for Attorney Fees under EAJA. Signed by District Judge Robert J. Conrad, Jr. on 7/27/2017. (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16-cv-00305-RJC
DIXIE L. BYRD,

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

AMENDED ORDER1

THIS MATTER comes before the Court on Plaintiff’s Motion for Attorney Fees
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. No. 12).
Plaintiff indicates that Defendant has consented to the fee requested in the Motion, and
Defendant has not objected to the requested fees and the time for doing so has expired. Having
reviewed the Motion, memorandum in support, supporting exhibits, and the case file, the Court
determines that Plaintiff should be awarded attorneys’ fees under EAJA, 28 U.S.C. § 2412(d), in
the amount of $3,230.00. The Court further determines that the Treasury Judgment Fund should
reimburse Plaintiff’s counsel the $400.00 filing fee.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorneys’ Fees, (Doc.
No. 12), is GRANTED. The Court will award attorneys’ fees in the amount of $3,230.00, and
pursuant to Astrue 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. The Commissioner will determine whether
Plaintiff owes a debt to the United States. If so, that debt will be satisfied first, and if any funds

This Amended Order corrects a misspelling of Plaintiff’s name in the Initial Order issued
on July 26, 2017. (Doc. No. 13). In all other respects, the Amended Order is identical to the
Initial Order.
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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
any debt, the Government will exercise its discretion and honor an assignment of EAJA fees, and
pay those fees directly to Plaintiff’s counsel. The Court further awards $400.00 to be paid by the
Treasury Judgment Fund to Plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. §
2412(d) shall be filed.

Signed: July 27, 2017