Johnston v. Colvin
Filing
16
ORDER granting 14 Consent Motion for Attorney Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A). Signed by Magistrate Judge David Keesler on 10/04/2017. (ejb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:16-CV-399-GCM-DCK
LINDA S. JOHNSTON,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
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ORDER
THIS MATTER IS BEFORE THE COURT on the “Consent Motion For Fees Pursuant
To The Equal Access To Justice Act 28 U.S.C. § 2412(d)(1)(A)” (Document No. 14) filed October
4, 2017. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.
§ 636(b), and immediate review is appropriate. Having carefully considered the motion, the
record, and noting consent of the parties, the undersigned will grant the motion.
IT IS, THEREFORE, ORDERED that the “Consent Motion For Fees Pursuant To The
Equal Access To Justice Act 28 U.S.C. § 2412(d)(1)(A)” (Document No. 14) is GRANTED, and
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 $4,991.10.
IT IS FURTHER ORDERED that to the extent the Court will award attorney fees in the
amount of $4,991.10, and that pursuant to Comm’r of Soc. Sec. v. Ratliff, 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, those funds 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.
Signed: October 4, 2017
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