DeLoach v. Colvin

Filing 16

ORDER granting 14 Motion for Attorney Fees under EAJA in the amount of $5,458.88. Fee award will first be subject to offset of any debt plf may owe to the United States. See Order for complete instructions. Signed by Magistrate Judge David S. Cayer on 6/30/2015. (cbb)

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO.: 5:14-cv-144-RJC-DSC
STANLEY E. DeLOACH,
PLAINTIFF,
VS.
CAROLYN W. COLVIN,
ACTING COMMISSIONER
OF SOCIAL SECURITY,
DEFENDANT.

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THIS MATTER IS BEFORE THE COURT on the Plaintiff’s Motion for
Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) filed on
March 9, 2015. Having reviewed the Motion, supporting materials, memorandum
in support, and the case file the Court determines that Plaintiff should be awarded
attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §
2412(d), in the amount of $5,458.88.
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) is GRANTED, to the extent that the Court
will award attorney fees in the amount of $5,458.88, 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

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Commissioner will determine within thirty days of this Order 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 federal debt, the Government will exercise its discretion
and honor an assignment of EAJA fees, and pay them directly to Plaintiff’s counsel.
No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
SO ORDERED.
Signed: June 30, 2015