Pate v. Berryhill

Filing 16

ORDER granting 13 Motion for Attorney Fees under the Equal Access to Justice Act; granting 15 Bill of Costs. Signed by District Judge Max O. Cogburn, Jr on 2/4/2019. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:18-cv-00183-MOC
SANDRA W. PATE,

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Plaintiff,
Vs.
NANCY A. BERRYHILL,
Defendant.

ORDER

THIS MATTER is before the Court on plaintiff’s Consent Motion for Attorney Fees
Under the Equal Access to Justice Act (“EAJA”) and Costs. Review of the motion and related
court filings reveals that the parties have agreed that counsel for plaintiff should be paid the sum
of $7,000.00 in attorney fees in full and final settlement of all claims due against the Social
Security Administration. Pursuant to its authority under the EAJA, 28 U.S.C. § 2412(d)(1)(A), to
award fees and other expenses to a prevailing party other than the United States incurred by that
party in a civil action against the United States, the Court enters the following Order

ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Consent Motion for Fees under the
Equal Access to Justice Act (#13) is GRANTED, the United States Social Security Administration
shall pay a total of $7,000.00 in full satisfaction of any and all attorney’s fee claims plaintiff may
have in this case under EAJA.

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Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 560 U.S. 586
(2010), the ordered fee award will 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 plaintiff does not owe a federal debt, the government will 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 FURTHER ORDERED that plaintiff shall be paid $420.01 in costs from the
Judgment Fund by the United States Department of the Treasury pursuant to 28 U.S.C. §
2412(a)(1).
Signed: February 4, 2019

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