Seagle v. Colvin
ORDER granting 18 Motion for Attorney Fees. Defendant shall pay $3,445.32 in attorney fees in full satisfaction of any and all claims Plaintiff may have in this case. Signed by Senior Judge Graham Mullen on 02/08/2018. (ni)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
O RDER FOR A TTORNEY ’ S F EES
THE E QUAL A CCESS TO J USTICE A CT
Nancy A. B ERRYHILL ,
Acting Commissioner of Social Security,
Pursuant to the power of this court to award fees to a prevailing party other than
the United States incurred by that party in a civil action against the United States, including proceedings for judicial review of agency action, under the Equal Access to Justice
Act (“EAJA”), 28 U.S.C. § 2412(d), and in light of this court’s November 6, 2017 Judgment remanding this case to Defendant Acting Commissioner for further administrative
proceedings and the parties Consent Motion,
IT IS HEREBY ORDERED that the Defendant pay $3,445.32 in attorney fees in
full satisfaction of any and all claims Plaintiff may have in this case under the Equal Access to Justice Act.
Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 560 U.S. 586,
130 S. Ct. 1251 (2010), these attorney fees are payable to Plaintiff as the prevailing party
and are subject to offset through the Treasury Department’s Offset Program to satisfy any
preexisting debt Plaintiff may owe to the United States Government. If, subsequent to the
entry of this Order, the Commissioner determines that Plaintiff owes no debt to the United
States that would subject this award of attorney’s fees to offset, the Commissioner may
honor Plaintiff’s assignment of EAJA fees providing for payment of the subject fees to
Plaintiff’s counsel, rather than to Plaintiff. If, however, Plaintiff is discovered to owe the
government any debt subject to offset, the Commissioner shall pay any attorney fees remaining after such offset to Plaintiff rather than to counsel. Should this occur, any remaining fees made payable to Plaintiff shall be sent to her counsel.
IT IS SO ORDERED.
Signed: February 8, 2018
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