Duncan v. Berryhill
Filing
13
ORDER granting 12 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 8/23/2018. (chh)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-695
LISA MAXINE DUNCAN,
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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 Motion for Attorney’s Fees Pursuant to
the Equal Access to Justice Act. 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 defendant does not object to the requested fees. Having
considered this motion, the Court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Motion for Attorney’s Fees Pursuant
to the Equal Access to Justice Act (#12) is GRANTED and plaintiff is hereby awarded attorney’s
fees in the amount of $5,188.04, payable to plaintiff’s counsel and sent to plaintiff’s counsel.
Additionally, plaintiff shall be paid $400.00 in filing costs from the Judgment Fund by the U.S.
Department of the 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
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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: August 23, 2018
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