Fish v. Berryhill
Filing
14
ORDER granting 13 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr. on 08/23/2018. (ni)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:17-cv-325
LAUREN FISH,
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Plaintiff,
Vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
ORDER
THIS MATTER is before the court on plaintiff’s Consent Motion for Attorney Fees Under
the Equal Access to Justice Act, 28 U.S.C. § 2414. 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 agreed on the requested fee.
Having considered this motion, the Court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Consent Motion for Attorney Fees
Under the Equal Access to Justice Act, 28 U.S.C. § 2414 (#13) is GRANTED and plaintiff is
hereby awarded attorney’s fees in the amount of $2,210.00, 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 through the Treasury Department’s Offset Program to satisfy any pre-existing debt
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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: August 23, 2018
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