Roberts v. Colvin
Filing
14
ORDER granting 12 Motion for Attorney Fees Under the Equal Access to Justice Act. Signed by Chief Judge Frank D. Whitney on 8/15/2017. (khm)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO.: 1:16-cv-346
KENNY D. ROBERTS,
PLAINTIFF,
VS.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
DEFENDANT.
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THIS MATTER IS BEFORE THE COURT on the Plaintiff’s Consent Motion for Fees
Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) filed on June 19, 2017
(Doc. No. 12). Having reviewed the motion, supporting materials, memorandum in support, and
the case file the Court GRANTS the motion and 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 $5,000.00.
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 $5,000.00, 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.
IT IS FURTHER ORDERED that the Plaintiff shall be paid $420.01 in costs from the
Judgment Fund by the United States Department of the Treasury pursuant to 28 U.S.C. §
2412(a)(91).
IT IS SO ORDERED.
Signed: August 15, 2017
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