Burke v. Astrue
Filing
36
ORDER granting 35 Motion for Attorney Fees. Signed by District Judge Robert J. Conrad, Jr on 2/5/2019. (nvc)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:12-cv-000191-RJC
WILLIE M. BURKE,
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Plaintiff,
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v.
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1, Acting
NANCY A. BERRYHILL
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Commissioner of Social Security,
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Defendant.
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____________________________________ )
ORDER
THIS MATTER comes before the Court on Plaintiff’s Consent Motion for
Attorney Fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C.
§ 2412, (Doc. No. 35), and supporting brief and exhibits. Plaintiff indicates that
Defendant has consented to this Motion, and Defendant has not objected to the
requested fees and the time for doing so has expired. (Id.). Having reviewed the
Motion, supporting exhibits, and the case file, the Court determines that Plaintiff
should be awarded attorney fees under EAJA, 28 U.S.C. § 2412(d), in the amount of
$4,964.85.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorney Fees,
(Doc. No. 35), is GRANTED. The Court will award attorney fees in the amount of
Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to
Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be
substituted for Commissioner Michael J. Astrue as Defendant in this suit. No
further action needs to be taken to continue this suit by reason of the last sentence
of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
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$4,964.85, and pursuant to Astrue 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, that 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 any debt, the Government will exercise its discretion and honor an assignment
of EAJA fees, and pay those fees directly to Plaintiff’s counsel. No additional
petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
Signed: February 5, 2019
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