Wilson v. Berryhill

Filing 16

ORDER granting 14 Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 6/15/2018. (maf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO.: 1:17-cv-253-FDW-DSC
TAMMY A. WILSON,
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 Consent Motion for Fees
Pursuant to the Equal Access to Justice Act (EAJA) 28 U.S.C. § 2412(d)(1)(A) filed on June 14,
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 $4,750.00.
IT IS ORDERED that Plaintiff’s Motion is GRANTED, to the extent that the Court will
award attorney fees in the amount of $4,750.00, and that pursuant to Comm’r of Soc. Sec. v.
Ratliff, 560 U.S. --, 130 S. Ct. 2521 (2010), the fee award will 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 Plaintiff does not owe a federal debt, the
Government will exercise its discretion and honor an assignment of EAJA fees and pay them
directly to Plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be
filed.

SO ORDERED.
Signed: June 15, 2018