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

Ricky MILLER, ORDER FOR ATTORNEY’S FEES Plaintiff, under

v. THE EQUAL ACCESS TO JUSTICE ACT

Andrew SAUL, Acting Commissioner of Social Se- curity, No: 1:18-cv-00350-RJC-DSC

Defendant.

ORDER Pursuant to the power of this Court to award fees to a prevailing party other than the United States incurred by that party in a civil action against the United States, includ- ing proceedings for judicial review of agency action, under the Equal Access to Justice Act,

(d), and in light of this Court’s December 30, 2019 judgment re- manding this case to Defendant Acting Commissioner for further administrative proceed- ings and the parties Consent Motion, IT IS HEREBY ORDERED that the Defendant pay $3,450.00 in attorney fees in full satisfaction of any and all claims Plaintiff may have in this case under the Equal Ac- cess to Justice Act. Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff,

,

(2010), these attorney fees are payable to Plaintiff as the prevailing party preexisting debt Plaintiff may owe to the United States Government. If, subsequent to the entry of this Order, the Commissioner determines that Plaintiff owes no debt to the United States that would subject this award of attorney fees to offset, the Commissioner may honor Plaintiffs assignment of fees providing for payment of the subject fees to Plaintiff's coun- sel rather than to Plaintiff. If, however, Plaintiff is discovered to owe the Government any debt subject to offset, the Commissioner shall pay any attorney fees remaining after such offset to Plaintiff rather than to counsel. Should this occur, any remaining fees made pay- able to Plaintiff shall be sent to his counsel. SO ORDERED. Signed: March 24, 2020

fr AC ey David S. Cayer : United States Magistrate Judge ae