Jumper v. Colvin

Filing 28

REVISED ORDER re 24 MOTION for Attorney Fees Pursuant to EAJA and 27 Amended Document Regarding Attorney Fees ordering that plf is allowed attorneys' fees in the amount of $5,000.00. See attached image for details. No addn'l petn pursuant to 28 USC 2412(d) shall be filed. Signed by District Judge Robert J. Conrad, Jr on 3/22/2016. (cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:14-cv-112-RJC
LISA JUMPER,

)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
)
Defendant.
)
)

REVISED ORDER

THIS MATTER comes before the Court on Plaintiff’s Motion for, (Doc. No. 24), and
Amended Document regarding Attorneys’ Fees Pursuant to the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412, (Doc. No. 27). Defendant has not objected to the requested fees
and the time for doing so has expired. Having reviewed the Motion, the Amended Document,
supporting materials, and the case file, the Court determines that Plaintiff should be awarded
attorneys’ fees under the EAJA, 28 U.S.C. § 2412(d), in the amount of $5,000.00.
IT IS, THEREFORE, ORDERED that Plaintiff is allowed attorneys’ fees in the amount
of $5,000.00, and pursuant 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, 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: March 22, 2016