Rich v. Berryhill

Filing 18

ORDER granting 17 Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 3/13/2018. (nvc)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION NO. 5:17-cv-00106-GCM MARY H. RICH, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner, Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on Plaintiff's motion for Attorney Fees (Doc. No. 17) under 28 U.S.C. § 2412, the Equal Access to Justice Act. Defendant consents to this Motion. The Court has reviewed the Motion, supporting exhibits, and applicable law and finds that the Motion should be granted. Accordingly, the Court hereby GRANTS the Motion (Doc. No. 17) and ORDERS as follows: 1. That the Social Security Administration shall pay $5,200.00 in attorney fees to the plaintiff in full settlement and satisfaction of any and all claims for attorney fees for legal services rendered under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). 2. With respect to Plaintiff's signed assignment of EAJA fees to her attorney, in accordance with Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), 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, they will be made payable to Plaintiff and mailed to Plaintiff's counsel. If the 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 the assignment of EAJA fees, and pay the awarded fees directly to Plaintiff's counsel. SO ORDERED. Signed: March 13, 2018

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