Dowell v. Berryhill

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION

DAVID M. DOWELL, ) ) Plaintiff, ) ) v. ) Civil No. 1:18-CV-00151-RJC-DSC ) ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. ) )

ORDER THIS MATTER IS BEFORE THE COURT on the Plaintiff’s Consent Motion for Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A) and Costs filed on July 19, 2019. 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 EAJA in the amount of $6500.00. IT IS ORDERED that the Plaintiff’s Motion is GRANTED, to the extent that the Court will award an attorney’s fee in the amount of $6500.00, 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. IT IS FURTHER ORDERED that the Plaintiff shall be paid $200.00 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: July 19, 2019

fr 4a ¢ = David S. Cayer Rf United States Magistrate Judge oe