Kiser v. Berryhill

Filing 27

ORDER granting 25 Motion for Attorney Fees. Signed by District Judge Frank D. Whitney on 10/21/20. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-00739-FDW
HAROLD L. KISER,
Plaintiff,
vs.
ANDREW SAUL,
Defendant.

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ORDER

THIS MATTER is before the Court on the Plaintiff’s Consent Motion for Fees Pursuant to
the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) filed on October 13, 2020. (Doc. No.
25). Having reviewed the motion, supporting materials, memorandum in support, and the case file
the Court determines that Plaintiff should be awarded an attorney’s fee under the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $14,500.00.
IT IS ORDERED that Plaintiff’s Motion for Fees Under the Equal Access to Justice Act
28 U.S.C. § 2412(d)(1)(A) is GRANTED, to the extent that the Court will award attorney fees in
the amount of $14,500.00 and that pursuant to Comm’r of Soc. Sec. v. Ratliff, 130 S. Ct. 2521
(2010), the 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 to Plaintiff’s counsel. If the United States Department of the Treasury reports to the
Commissioner that the Plaintiff does not owe a federal debt, the government will exercise its

discretion and honor an assignment of EAJA fees and pay the awarded fees directly to Plaintiff’s
counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
IT IS SO ORDERED.

Signed: October 21, 2020