Miller v. Colvin

Filing 20

ORDER re: 19 Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 5/2/2018. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:17-CV-00013-RJC-DSC
TROY O. MILLER,
Plaintiff,
v.
NANCY A. BERRYHILL,
Defendant.

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ORDER

This action is submitted to the Court for entry of a Consent Order, the Parties having agreed
that Plaintiff Troy O. Miller be awarded attorney fees under the Equal Access to Justice Act
(EAJA) in the amount of $4,083.15 in full and final settlement of attorney fees and costs arising
under the EAJA, 28 U.S.C. § 2412(d). Pursuant to the United States Supreme Court’s ruling in
Astrue v Ratliff, 130 S. Ct. 2521 (2010), these EAJA 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 federal government. If, subsequent to entry of the
Consent 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
assignment of EAJA fees to his counsel. If such a debt is owing, then any remaining fee after
offset will be payable to Plaintiff and delivered to Plaintiff’s counsel.
It is therefore ORDERED that the Commissioner pay the sum of $4,083.15 in full
satisfaction of any and all claims arising under EAJA, 28 U.S.C. § 2412(d), and upon the payment
of such sums this case is dismissed with prejudice.

SO ORDERED.
Signed: May 2, 2018