Miller v. Colvin

Filing 22

ORDER granting 18 Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 10/26/17. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO.: 3:16-cv-688-RJC-DSC
CARLOS S. MILLER,
PLAINTIFF,
VS.
NANCY A. BERRYHILL1,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
DEFENDANT.

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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) filed on October 11, 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 $5,129.55.
IT IS ORDERED that Plaintiff’s Motion is GRANTED, to the extent that the Court will
award attorney’s fees in the amount of $5,129.55, 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, that 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

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 is substituted for Carolyn W. Colvin
as Defendant herein. No further action needs to be taken pursuant to the last sentence of Section
205(g) of the Social Security Act, 42 U.S.C. § 405(g).
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Government will exercise its discretion and honor an assignment of EAJA fees, and pay those fees
directly to Plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be
filed.
SO ORDERED.
Signed: October 26, 2017