Abernathy v. Saul
ORDER granting 23 Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 7/16/2021. (brl)
In the United States District Court for the
Western District of North Carolina
Ronnie Michael Abernathy,
Civil Action No. 3:20-cv-00213-GCM
Commissioner of Social Security,
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 July 13, 2021. 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 $7,800.00.
IT IS ORDERED that the Plaintiff’s Motion for Fees Under the Equal Access
to Justice Act 28 U.S.C. § 2412(d)(1)(A) filed is GRANTED, to the extent that the
Court will award attorney fees in the amount of $7,800.00, and that pursuant to
Comm’r of Soc. Sec. v. Ratliff, 560 U.S. --, 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.
Signed: July 16, 2021
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