Hastings v. Colvin

Filing 17

ORDER granting 14 Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 11/22/17. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO.: 3:17-cv-1-FDW-DSC
AMBER E. HASTINGS,
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 21,
2017. Having reviewed the Motion, supporting materials, memorandum in support, and the case
file the Court determines that Plaintiff should be awarded attorney fees under the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $5,302.53.
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) is GRANTED, to the extent that the Court will award attorney
fees in the amount of $5,302.53, 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
Plaintiff and mailed to Plaintiff’s counsel. If the United States Department of the Treasury reports
Nancy A. Berryhill is now 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
the Defendant herein. No further action needs to be taken 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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to the Commissioner that 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.
IT IS FURTHER ORDERED that the Plaintiff shall be paid $420.31 in costs from the
Judgment Fund by the United States Department of the Treasury pursuant to 28 U.S.C. §
2412(a)(91).
SO ORDERED.
Signed: November 22, 2017