McClain v. Berryhill

Filing 15

ORDER granting 14 Motion for Attorney Fees under EAJA. Signed by District Judge Max O. Cogburn, Jr. on 11/28/2017. (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:17-cv-119-MOC
MARY MCCLAIN,
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 Petition for Attorney Fees Under the
Equal Access to Justice Act, 28 U.S.C. § 2412. 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). 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.
ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Petition for Attorney Fees Under the
Equal Access to Justice Act, 28 U.S.C. § 2412 (#14) is GRANTED, and the Social Security
Administration shall pay attorney’s fees in the amount requested of $2,800.00, 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
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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: November 28, 2017

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