Norris v. Berryhill
Filing
20
ORDER granting 18 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 5/22/2018. (chh)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-184
CHARLES E. NORRIS,
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Plaintiff,
Vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
ORDER
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)(1)(A). 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 government has
consented to the fee requested. Having considered this motion, the Court enters the following
Order.
ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Motion for an Award of Attorney Fees
Under the Equal Access to Justice Act (#18) is GRANTED, and the Social Security
Administration shall pay attorney’s fees in the amount requested of $5,000.00, 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
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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 plaintiff. 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: May 22, 2018
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