THOMAS v. COLVIN

Filing 22

ORDER AWARDING EAJA ATTORNEY FEES: Plaintiff's Consent Petition for Attorney Fees, doc. 20 , is GRANTED and Plaintiff is awarded attorney fees in the amount of $3,886.61 as a reasonable EAJA attorney fee. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 12/24/13. (amm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

LUCINDA THOMAS,
Plaintiff,
vs.

Case No. 1:13cv2-CAS

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
_____________________________/

ORDER AWARDING EAJA ATTORNEY FEES
Plaintiff filed a Consent Petition for Attorney Fees under the Equal Access to
Justice Act ("EAJA"), 28 U.S.C. § 2412(d), requesting an award of attorney fees in the
amount of $3,886.61. Doc. 20. Defendant has filed a response and does not oppose
the petition. Doc. 21. In accordance with Astrue v. Ratliff, 130 S.Ct. 2521, 2524 (2010),
the EAJA fee should be made payable to Plaintiff, not to Plaintiff's attorney. Since the
fee was assigned to Plaintiff's attorney, Defendant has no objection to payment of the
fee to Plaintiff's attorney so long as Plaintiff has no debt to the United States, and will
offset any such debt before payment.

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Accordingly, it is ORDERED that:
Plaintiff's Consent Petition for Attorney Fees, docs. 20, is GRANTED and Plaintiff
is awarded attorney fees in the amount of $3,886.61 as a reasonable EAJA attorney
fee. However, the Commissioner may offset from this amount any debt owed by the
Plaintiff to the United States that may be identified by the Department of Treasury and
any ultimate distribution shall be made in accordance with Astrue v. Ratliff.
DONE AND ORDERED on December 24, 2013.

S/ Charles A. Stampelos
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUD

Case No. 1:13cv2-CAS