Saltzgiver v. Berryhill

Filing 20

ORDER granting 17 Consent Motion for Attorney Fees Pursuant to the Equal Access to Justice Act. IT IS FURTHER ORDERED that Costs Taxed in amount of $420.01 against Nancy A. Berryhill re 19 Bill of Costs. Signed by Senior Judge Graham Mullen on 11/20/2018. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:17-CV-00214-GCM
RICKY A. SALTZGIVER,
Plaintiffs,
v.
NANCY A. BERRYHILL,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on the Plaintiff’s Consent Motion for Fees
Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) and Costs filed on
November 15, 2018. Having reviewed the motion, supporting materials, memorandum in support,
and the case file the Court 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 $5,375.00.
IT IS ORDERED that the Plaintiff’s Motion for Fees Under the Equal Access to Justice
Act 28 U.S.C. § 2412(d)(1)(A) filed is GRANTED, to the extent that the Court will award attorney
fees in the amount of $5,375.00, and that pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. --,
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, they 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.

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IT IS FURTHER ORDERED that the Plaintiff shall be paid $420.01 in costs from the
Judgment Fund by the United States Department of the Treasury pursuant to 28 U.S.C. §
2412(a)(1).
SO ORDERED.

Signed: November 20, 2018

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