Brooks v. Colvin
Filing
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ORDER granting 16 Motion for Attorney Fees. Signed by Magistrate Judge David Keesler on 9/18/2017. (nvc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:16-CV-086-RLV-DCK
VIVIEN WAYNE BROOKS,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
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ORDER
THIS MATTER IS BEFORE THE COURT on the “Consent Motion For Fees Pursuant
To The Equal Access To Justice Act 28 U.S.C. §2412(d)(1)(A)” (Document No. 16) filed
September 15, 2017. This motion has been referred to the undersigned Magistrate Judge pursuant
to 28 U.S.C. §636(b)(1)(B). After careful consideration of the motion and the record, and noting
consent of Defendant’s counsel, the undersigned will grant 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 $4,800.00.
IT IS, THEREFORE, ORDERED that the “Consent Motion For Fees Pursuant To The
Equal Access To Justice Act 28 U.S.C. §2412(d)(1)(A)” (Document No. 16) is GRANTED, to
the extent that the Court will award attorney fees in the amount of $4,800.00, and that pursuant to
Comm’r of Soc. Sec. v. Ratliff, 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, those funds 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.
SO ORDERED.
Signed: September 18, 2017
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