Cleary v. Berryhill
Filing
18
ORDER granting 16 Motion for Attorney Fees. Signed by District Judge Robert J. Conrad, Jr on 11/16/2021. (brl)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:18-cv-00080-RJC
BARBARA CLEARY,
Plaintiff,
v.
NANCY A. BERRYHILL,
Defendant.
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Order
THIS MATTER comes before the Court on plaintiff's motion for attorney’s fee under 28
U.S.C. § 2412, the Equal Access to Justice Act, by consent of the parties, the Court orders as
follows:
1.
That the Social Security Administration shall pay $4,250 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 (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.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorney’s Fees, (Doc. No.
16), is GRANTED.
Signed: November 16, 2021
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