Hamm v. Colvin

Filing 17

ORDER granting 16 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 9/13/2017. (nvc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
DOCKET NO. 5:16-cv-00214-MOC
JANET L. HAMM,
Plaintiff,
Vs.
NANCY A. BERRYHILL, Acting Commissioner
of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on plaintiff’s Petition for Fees under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. The Court enters the
following Order, pursuant to its authority to award fees to a prevailing party, other
than the United States, incurred by that party in a civil action against the United
States under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A).
The Court notes that the parties have conferred on this matter and agreed upon the
fees. Having considered such motion, the Court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Petition for Fees under the
Equal Access to Justice Act (#16) is GRANTED, and the Social Security
Administration shall pay attorney’s fees in the amount requested of $4,270.33, in

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full satisfaction of any and all attorney’s fee claims plaintiff may have in this case
under the EAJA.
Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 130
S. Ct. 2521 (2010), these attorney’s fees are payable to plaintiff as the prevailing
party, and are subject to offset through the Treasury Department’s Offset Program
to satisfy any pre-existing debt plaintiff may owe to the government. If, subsequent
to the entry of the Court’s EAJA Order, the Commissioner determines that Plaintiff
owes no debt to the government that would subject this award of attorney fees to
offset, the Commissioner may honor plaintiff’s signed assignment of EAJA fees
providing for payment of the subject fees to plaintiff’s counsel, rather than to
plaintiff.

If, however, the Commissioner discovers that plaintiff owes the

government any debt subject to offset, the Commissioner shall pay any attorney fees
remaining after such offset to plaintiff, rather than to counsel.

Signed: September 13, 2017

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