Holder v. Berryhill, 4:17-cv-35. (2018)
Court: District Court, E.D. North Carolina
Number: infdco20180606c83
Visitors: 10
Filed: Jun. 04, 2018
Latest Update: Jun. 04, 2018
Summary: TERRENCE W. BOYLE , District Judge . THIS MATTER IS BEFORE THE COURT on the Plaintiffs Consent Motion for Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. 2412(d)(1)(A) filed on May 29, 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 $5,900.00. IT IS ORDERED that the Plaint
Summary: TERRENCE W. BOYLE , District Judge . THIS MATTER IS BEFORE THE COURT on the Plaintiffs Consent Motion for Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. 2412(d)(1)(A) filed on May 29, 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 $5,900.00. IT IS ORDERED that the Plainti..
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TERRENCE W. BOYLE, District Judge.
THIS MATTER IS BEFORE THE COURT on the Plaintiffs Consent Motion for Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) filed on May 29, 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 $5,900.00.
IT IS ORDERED that the Plaintiffs Motion for Fees Under the Equal Access to Justice Act28 U.S.C. § 2412(d)(1)(A) filed is GRANTED, to the extent that the Court will award attorney fees in the amount of $5,900.00, 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 Plaintiffs counsel. If the United States Department of the Treasury reports to the Commissioner that the Plaintiff does not owe a federal debt, and the Commissioner determines there is a valid assignment ofEAJA fees, the Commissioner may pay the awarded fees directly to Plaintiffs counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
Source: Leagle
