Black v. Colvin
Filing
18
ORDER granting 16 Motion for Attorney Fees. Signed by Chief Judge Frank D. Whitney on 10/30/17. (clc)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-00032-FDW
TRACY C. BLACK,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
ORDER
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) (Doc. No. 16) filed on October 27,
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 $4,617.75.
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 (Doc. No. 16), to the extent that the Court will
award attorney’s fees in the amount of $4,617.75, 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.
IT IS SO ORDERED.
Signed: October 30, 2017
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?