Greene v. Berryhill

Filing 18

ORDER re: 17 Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 7/2/2018. (nvc)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Sandra J. Greene,
Plaintiff,
v.
Nancy Berryhill1
Acting Commissioner Of
Social Security,
Defendant.

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Civil Action No. 5:17-cv-00191-GCM
Consent Order
Electronic Filing

This action being submitted to the Court for entry of a Consent Order agreed to by
the Parties and it appearing that Plaintiff, by and through her attorney, has executed this
Consent Order and Defendant has executed this Consent Order, by and through the
undersigned Special Assistant United States Attorney; and it appearing that the Parties have
agreed that Plaintiff, Sandra J. Greene, is awarded attorney fees under the EAJA in the
amount of $3,800.00 in full and final settlement of attorney fees and costs arising under
the Equal Access to Justice Act (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

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Effective March 7, 2018, the office of Social Security Commissioner was vacated. Pursuant to
Rule 25(d) of the Federal Rules of Civil Procedure, once a new Commissioner or Acting
Commissioner is appointed, that party should be substituted for Nancy A. Berryhill as the
defendant in this suit. No further action need be taken to continue this suit by reason of the last
sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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 signed assignment of EAJA
fees providing for payment of the subject fees to Plaintiff’s counsel, rather than to Plaintiff.
If such a debt is present, then any remaining fee after offset will be payable to Plaintiff and
delivered to Plaintiff’s counsel.
It is therefore ORDERED that, pursuant to the above, the Commissioner pay the
sum of $3,800.00 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.

Signed: July 2, 2018

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