Byrd v. Colvin

Filing 23

ORDER granting 21 Motion for Attorney Fees Under EAJA. Signed by District Judge Max O. Cogburn, Jr. on 12/21/15. (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:13-cv-00345-MOC
KEYUNNA BYRD,
Plaintiff,
Vs.
CAROLYN W. COLVIN, acting Commissioner of
Social Security,
Defendant.

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ORDER

THIS MATTER is before the court on plaintiff’s Motion for Attorney Fees Under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Review of the motion, the agreement
of the parties, and the attachments to the motion reveals that the parties have agreed that counsel
for plaintiff should be paid the sum of $13,170.18 (less offset, if any) for attorney fees, in full and
final settlement of all claims due against the Social Security Administration. Having considered
plaintiff’s motion and reviewed the pleadings, the court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Motion for Attorney Fees Under EAJA
(#21) is GRANTED, and the Commissioner of Social Security shall pay to plaintiff, the sum of
$13,170.18 in full satisfaction of any and all claims arising under EAJA, 28 U.S.C. § 2412(d).
Pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. ----, 130 S. Ct. 2521 (2010), such amount is
subject to offset of any debt plaintiff may owe to the United States. The Commissioner will
determine within 30 days of this Order 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
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Commissioner that the plaintiff does not owe a federal debt, the government will pay the awarded
fees directly to plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be
filed.

Signed: December 21, 2015

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