Heacox v. Commissioner of Social Security

Filing 20

ORDER granting 19 Motion for Attorney in Fees in the amount of $5,250. IT IS FURTHER ORDERED that, additionally, Plaintiff shall be paid $400 in costs from the Judgment Fund by the U.S. Department of the Treasury pursuant to 28 U.S.C. § 2412(a)(1). Signed by Chief Judge Frank D. Whitney on 5/23/19. (clc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-00255-FDW
MARY WILSON HEACOX,
Plaintiffs,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendants.

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ORDER

THIS MATTER is before the Court on Plaintiff’s Motion for Award of Attorney Fees and
Costs under the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A). (Doc. No. 19). Having
reviewed the motion, supporting materials, and the case file, the Court hereby GRANTS the
motion and 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 $5,250.
IT IS ORDERED that the Plaintiff’s Consent Motion for Attorney Fees (Doc. No. 18) is
GRANTED, to the extent that the Court will award attorney’s fees in the amount of $5,250, and
that pursuant to that to Comm’r of Soc. Sec. 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 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 FURTHER ORDERED that, additionally, Plaintiff shall be paid $400 in costs from
the Judgment Fund by the U.S. Department of the Treasury pursuant to 28 U.S.C. § 2412(a)(1).
IT IS SO ORDERED.

Signed: May 23, 2019