Guinn v. Berryhill

Filing 14

ORDER granting Pltf's 13 Consent Motion for Entry Of Order Accepting Application For Attorney Fees Under EAJA. Signed by Magistrate Judge David Keesler on 1/03/2020. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:19-CV-135-GCM-DCK
ROBERT GUINN,

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Plaintiff,
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v.
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ANDREW SAUL,
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Commissioner of Social Security,
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Defendant.
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___________________________________ )

ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff’s “Consent Motion For Entry
Of Order Accepting Application For Attorney Fees Under EAJA” (Document No. 13) filed
December 31, 2019. This motion has been referred to the undersigned Magistrate Judge pursuant
to 28 U.S.C. § 636(b), and immediate review is appropriate. Having carefully considered the
motion and the record, and noting consent of Defendant’s counsel, the undersigned will grant the
motion.
IT IS, THEREFORE, ORDERED that Plaintiff’s “Consent Motion For Entry Of Order
Accepting Application For Attorney Fees Under EAJA” (Document No. 13) is GRANTED, to the
extent that the Court will award attorney fees in the amount of $3,666.00, and that pursuant to
Astrue v. Ratliff, --- 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 will 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: January 3, 2020