Wildenberg v. Berryhill
Filing
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ORDER granting Pltf's 19 Consent Motion for Attorney Fees pursuant to EAJA. Signed by Magistrate Judge David S. Cayer on 7/23/2019. (ejb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
LISA G. WILDENBERG,
PLAINTIFF,
CIVIL NO. 1:18-CV-00129-RJC-DSC
VS.
ANDREW SAUL,
COMMISSIONER OF SOCIAL
SECURITY,
DEFENDANT.
ORDER
THIS MATTER IS BEFORE THE COURT on 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 July 22, 2019. Having reviewed the Motion, supporting materials,
memorandum in support, and the case file the Court determines that Plaintiff should
be awarded attorney’s fees under the EAJA in the amount of $6800.00.
IT IS ORDERED that Plaintiff’s Motion is GRANTED to the extent that the
Court will award attorney’s fees in the amount of $6800.00 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
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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 her 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 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: July 23, 2019
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