Blanchard v. Berryhill
Filing
21
ORDER granting 19 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 S. Cayer on 6/08/2018. (ejb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO.: 1:17-cv-164-FDW-DSC
JULIE E. BLANCHARD,
PLAINTIFF,
VS.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
DEFENDANT.
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ORDER
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) (EAJA) filed on June 5,
2018. Having reviewed the Motion, supporting materials, memorandum in support, and the case
file the Court determines that Plaintiff should be awarded attorney fees under the EAJA in the
amount of $4,900.00.
IT IS ORDERED that the Plaintiff’s Motion for Fees under the EAJA is GRANTED, to
the extent that the Court will award attorney fees in the amount of $4,900.00, 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.
SO ORDERED.
Signed: June 8, 2018
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