Bagwell v. Berryhill

Filing 24

ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 10/3/18. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
ROSALYN R. BAGWELL,
Plaintiff.
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
Defendant.

)
)
)
)
)
)
)
)

Civil No. 3:17-CV-216-RJC-DSC

ORDER
Upon consideration of Plaintiff’s unopposed Motion for Attorney Fees, IT IS HEREBY
ORDERED:
1.

Defendant will pay Plaintiff a total of $6,000.00 in fees pursuant to the Equal
Access to Justice Act (“EAJA”). This amount is payable to Plaintiff and not
directly to her counsel. Payment will be mailed to Plaintiff’s attorney at his
office: David F. Chermol, Chermol & Fishman, LLC, 11450 Bustleton Avenue,
Philadelphia, Pennsylvania 19116.

2.

Defendant’s payment of this amount bars any and all claims Plaintiff may have
relating to EAJA fees, expenses and costs in connection with this action.

3.

Defendant’s payment of this amount is without prejudice to Plaintiff’s right to
seek attorney fees under section 206(b) of the Social Security Act, 42 U.S.C.
§ 406(b), subject to the offset provisions of the EAJA.

4.

-2Pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. --, 130 S. Ct. 2521 (2010),
this 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 in care of counsel’s office.

SO ORDERED.
Signed: October 3, 2018