Meeks v. Colvin
ORDER granting 16 Motion for Fees and Costs pursuant to the Equal Access to Justice Act. Signed by District Judge Max O. Cogburn, Jr on 9/13/2017. (chh)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
DOCKET NO. 3:16-cv-735
CYNTHIA R. MEEKS,
NANCY A. BERRYHILL, Acting Commissioner
of Social Security,
THIS MATTER is before the Court on plaintiff’s Consent Motion for Fees
and Costs Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The
Court enters the following Order, pursuant to its authority to award fees to a
prevailing party, other than the United States, incurred by that party in a civil action
against the United States under the Equal Access to Justice Act (EAJA), 28 U.S.C.
§ 2412(d)(1)(A). The Court notes that the parties have conferred on this matter and
agreed upon the fees. Having considered such motion, the Court enters the following
IT IS, THEREFORE, ORDERED that plaintiff’s Consent Motion for Fees
and Costs Pursuant to the Equal Access to Justice Act (#16) is GRANTED, and the
Social Security Administration shall pay attorney’s fees in the amount requested of
$4,800.00, in full satisfaction of any and all attorney’s fee claims plaintiff may have
in this case under the EAJA.
Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 130
S. Ct. 2521 (2010), these attorney’s fees are payable to plaintiff as the prevailing
party, and are subject to offset through the Treasury Department’s Offset Program
to satisfy any pre-existing debt plaintiff may owe to the government. If, subsequent
to the entry of the Court’s EAJA Order, the Commissioner determines that Plaintiff
owes no debt to the government that would subject this award of attorney fees to
offset, the Commissioner may honor plaintiff’s signed assignment of EAJA fees
providing for payment of the subject fees to plaintiff’s counsel, rather than to
If, however, the Commissioner discovers that plaintiff owes the
government any debt subject to offset, the Commissioner shall pay any attorney fees
remaining after such offset to plaintiff, rather than to counsel.
Signed: September 13, 2017
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