Dowell v. Berryhill

Filing 21

ORDER granting 19 Motion for Attorney Fees and Costs as to EAJA Fees. Signed by Magistrate Judge David S. Cayer on 7/19/2019. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DAVID M. DOWELL,
Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.

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Civil No. 1:18-CV-00151-RJC-DSC

ORDER
THIS MATTER IS BEFORE THE COURT on the Plaintiff’s Consent Motion for Fees
Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A) and Costs filed on
July 19, 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
EAJA in the amount of $6500.00.
IT IS ORDERED that the Plaintiff’s Motion is GRANTED, to the extent that the Court
will award an attorney’s fee in the amount of $6500.00, 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.

IT IS FURTHER ORDERED that the Plaintiff shall be paid $200.00 in costs from the
Judgment Fund by the United States Department of the Treasury pursuant to 28 U.S.C. §
2412(a)(1).
SO ORDERED.

Signed: July 19, 2019