Owens v. Berryhill, 1:17-cv-00320-FDW. (2018)
Court: District Court, W.D. North Carolina
Number: infdco20180820753
Visitors: 12
Filed: Aug. 14, 2018
Latest Update: Aug. 14, 2018
Summary: ORDER FRANK D. WHITNEY , Chief District Judge . THIS MATTER is before the Court on the Plaintiff's Petition for Attorney Fees under the Equal Access to Justice Act 28 U.S.C. 2412 (Doc. No. 14). Having reviewed the motion, supporting materials, and the record, the Court determines that Plaintiff should be awarded attorney fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, in the amount of $3,400.00 and $400.00, respectively. IT IS ORDERED that the Plaintiff's
Summary: ORDER FRANK D. WHITNEY , Chief District Judge . THIS MATTER is before the Court on the Plaintiff's Petition for Attorney Fees under the Equal Access to Justice Act 28 U.S.C. 2412 (Doc. No. 14). Having reviewed the motion, supporting materials, and the record, the Court determines that Plaintiff should be awarded attorney fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, in the amount of $3,400.00 and $400.00, respectively. IT IS ORDERED that the Plaintiff's ..
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ORDER
FRANK D. WHITNEY, Chief District Judge.
THIS MATTER is before the Court on the Plaintiff's Petition for Attorney Fees under the Equal Access to Justice Act 28 U.S.C. § 2412 (Doc. No. 14). Having reviewed the motion, supporting materials, and the record, the Court determines that Plaintiff should be awarded attorney fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, in the amount of $3,400.00 and $400.00, respectively.
IT IS ORDERED that the Plaintiff's Petition for Attorney Fees under the Equal Access to Justice Act 28 U.S.C. § 2412 (Doc. No. 14) is GRANTED, to the extent that the Court will award attorney fees in the amount of $3,400.00 and costs in the amount of $400. Pursuant to Comm'r of Soc. Sec. v. Ratliff, 560 U.S. 586 (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.
IT IS SO ORDERED.
Source: Leagle
