Fisher v. Colvin

Filing 34

ORDER granting 33 Motion for Attorney Fees. Signed by Magistrate Judge David Keesler on 8/14/17. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHAROTTE DIVISION
CIVIL ACTION NO. 3:16-CV-249-DCK
CARLTON EUGENE FISHER,
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 “Petition For Attorney’s Fees
Pursuant To Equal Access To Justice Act, 28 U.S.C.A. Section 2412(d)” (Document No. 33) filed
August 10, 2017. The parties have consented to Magistrate Judge jurisdiction pursuant to 28
U.S.C. § 636(c), and immediate review of this motion is appropriate. Having carefully considered
the motion, the record, and noting Defendant’s counsel does not object to the motion, the
undersigned will grant the motion, with modification.
This case required an unusual amount of attention by the Court as a result of numerous
mistakes and delays caused by Plaintiff’s counsel. See (Document Nos. 15, 17, 20, 24, 25, and
26). As such, the Court in its discretion will reduce the amount of fees to be awarded based on
Plaintiff’s counsel’s conduct “which unduly and unreasonably protracted the final resolution of
the matter in controversy.” 28 U.S.C.A. § 2412(d)((1)(C).
IT IS, THEREFORE, ORDERED that Plaintiff’s “Petition For Attorney’s Fees Pursuant
To Equal Access To Justice Act, 28 U.S.C.A. Section 2412(d)” (Document No. 33) is GRANTED,
to the extent that the Court will award attorney fees in the amount of $2,500.00, 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: August 14, 2017

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