Hall v. Berryhill
Filing
18
ORDER granting 17 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 4/30/2018. (chh)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-285-MOC
DEBRA HALL,
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Plaintiff,
Vs.
NANCY BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
ORDER
THIS MATTER is before the Court on plaintiff’s Petition for Attorney Fees Under the
Equal Access to Justice Act, 28 U.S.C. § 2412. Plaintiff also seeks reimbursement of the $400.00
filing fee from the Judgment Fund by the U.S. Department of Treasury pursuant to 28 U.S.C. §
2412(a)(1). 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 Petition for Attorney Fees Under the
Equal Access to Justice Act, 28 U.S.C. § 2412 (#17) is GRANTED, and the Social Security
Administration shall pay attorney’s fees in the amount requested of $3,500.00, in full satisfaction
of any and all attorney’s fee claims plaintiff may have in this case under the EAJA. Plaintiff shall
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also be reimbursed for the $400.00 filing fee from the Judgment Fund by the U.S. Department of
Treasury pursuant to 28 U.S.C. §2412(a)(1).
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 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: April 30, 2018
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