Robinette v. Berryhill
Filing
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ORDER granting 13 Motion for Attorney Fees. Signed by District Judge Robert J. Conrad, Jr on 2/5/2019. (nvc)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-00544-RJC
ROGER L. ROBINETTE, JR.,
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Plaintiff,
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v.
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NANCY A. BERRYHILL, Acting
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Commissioner of Social Security,
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Defendant.
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____________________________________ )
ORDER
THIS MATTER comes before the Court on Plaintiff’s Consent Motion for
Attorney Fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C.
§ 2412 and Costs, (Doc. No. 13), and supporting brief and exhibits, (Doc. No. 14).
Plaintiff indicates that Defendant has consented to this Motion, and Defendant has
not objected to the requested fees and the time for doing so has expired. (Id.).
Having reviewed the Motion, supporting exhibits, and the case file, the Court
determines that Plaintiff should be awarded attorney fees under EAJA, 28 U.S.C. §
2412(d), in the amount of $4,575.00, and costs in the amount of $420.01.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorney Fees,
(Doc. No. 13), is GRANTED. The Court will award attorney fees in the amount of
$4,575.00, and pursuant to Astrue 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
Court also awards costs in the amount of $420.01 to Plaintiff. The Commissioner
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will determine whether Plaintiff owes a debt to the United States. If so, that 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 any debt, the
Government will exercise its discretion and honor an assignment of EAJA fees, and
pay those fees directly to Plaintiff’s counsel. No additional petition pursuant to 28
U.S.C. § 2412(d) shall be filed.
Signed: February 5, 2019
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