Broadway v. Colvin

Filing 21

ORDER granting 19 Consent Motion for Attorney Fees. Signed by Magistrate Judge David Keesler on 6/19/17. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:15-CV-566-GCM-DCK
RONALD E. BROADWAY,
Plaintiff,
v.
NANCY A. BERRYHILL ,
Acting Commissioner of Social Security,
Defendant.

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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)” (Document No. 19)
filed June 19, 2017. This motion has been referred to the undersigned Magistrate Judge pursuant
to 28 U.S.C. §636(b)(1)(B). Having carefully considered the motion and the record, and noting
consent of Defendant’s counsel, the undersigned will grant the motion, and Plaintiff should be
awarded an attorney’s fee under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d),
in the amount of $4,570.00.
IT IS, THEREFORE, ORDERED that Plaintiff’s “Consent Motion For Fees Pursuant
To The Equal Access To Justice Act 28 U.S.C. § 2412(d)(1)(A)” (Document No. 19) is
GRANTED, to the extent that the Court will award attorney fees in the amount of $4,570.00, and
that pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. 586, (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.
SO ORDERED.

Signed: June 19, 2017

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