Hoglen v. Saul

District Court, W.D. North Carolina

Hoglen v. Saul

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:20-cv-61 John A. Hoglen, ) Plaintiff, ) ) V. ) ORDER ) Andrew M. Saul, ) Acting Commissioner of Social Security, ) Defendant ) □□ THIS MATTER is before the Court on Plaintiffs Consent Motion for Entry of Order Accepting the Parties’ Settlement Agreement on Attorney’s Fees. (Doc. No. 16). The parties agree 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 $3,508.00. IT IS ORDERED that the motion is GRANTED, to the extent that the Court will award attorney fees in the amount of $3,508.00, and that pursuant to Astrue v. Ratliff,

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 Plaintiffs counsel. No additional petition pursuant to

28 U.S.C. § 2412

(d) shall be filed. IT IS SO ORDERED.

Signed: June 1, 2021

Biever SS hAawy CY Ctaahkiien Te {@..)

Reference

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