Green v. Colvin

Filing 18

ORDER granting 16 Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 11/16/15. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO.: 3:14-cv-582-RJC-DSC
BRENDA K. GREEN,
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 Fees Under the
Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A), filed on November 16, 2015. Having
reviewed the Motion, supporting materials, memorandum in support, and the case file, the Court
determines that Plaintiff is entitled to attorney’s fees under the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412(d), in the amount of $5,800.00.
IT IS ORDERED that Plaintiff’s Motion for Fees Under the Equal Access to Justice Act,
28 U.S.C. § 2412(d)(1)(A), is GRANTED to the extent that the Court will award attorney’s fees
in the amount of $5,800.00, and that pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. ----, 130
S. Ct. 2521 (2010), the fee award will 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 Plaintiff does not owe any federal debt, the Government will exercise its
discretion to honor an assignment of EAJA fees and pay them 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 receive $419.44 in costs from the
Judgment Fund of the United States Department of the Treasury pursuant to 28 U.S.C. §
2412(a)(91).
SO ORDERED.
Signed: November 16, 2015