Morgan v. Berryhill
Filing
21
ORDER granting 19 Motion for EAJA Attorney Fees. Signed by Senior Judge Graham Mullen on 3/28/2019. (kby)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO.: 1:17-CV-00349
NANCY MORGAN,
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) and Costs filed on March
131, 2019. Having reviewed the motion, supporting materials, memorandum in support, and the
case file the Court determines that 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 $4,900.00.
IT IS ORDERED that the Plaintiff’s Motion for Fees Under the Equal Access to Justice
Act 28 U.S.C. § 2412(d)(1)(A) filed 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, 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.
Signed: March 28, 2019
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