Malker v. Colvin

Filing 26

ORDER granting 24 Motion for Attorney Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A). Signed by Senior Judge Graham Mullen on 12/6/17. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO.: 3:16-cv-601
ROBIN DENISE MALKER,
PLAINTIFF,
VS.
NANCY A. BERRYHILL1,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
DEFENDANT.

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THIS MATTER IS BEFORE THE COURT on the Plaintiff’s Consent Motion for Fees
Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) filed on November 29,
2017. Having reviewed the motion, supporting materials, memorandum in support, and the case
file the Court determines that 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 $4,799.87.
IT IS ORDERED that the Plaintiff’s Motion for Fees Under the Equal Access to Justice
Act 28 U.S.C. § 2412(d)(1)(A) filed is GRANTED, to the extent that the Court will award attorney
fees in the amount of $4,799.87, and that pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 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

Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken
to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g).
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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.

Signed: December 6, 2017