Waters v. Colvin

Filing 24

ORDER denying as moot 21 Motion for Attorney Fees. IT IS ORDERED that Plaintiff is awarded attorney fees under the Equal Access to justice Act ("EAJA"), 28 U.S.C. § 2412(d), in the amount of $7,500.00, and that no further reque sts for fees or costs under the EAJA shall be filed in this case. Defendant IS ORDERED to pay those amounts to Plaintiff, Diann Waters, directly, subject to any offset imposed by the Treasury Department's Offset Program. The Clerk shall enter a judgment consistent with this Order. Magistrate Judge G. R. Smith on 6/23/15. (wwp) Modified on 6/24/2015 (wwp).

A
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
DIANN WATERS,

FILED
U.S. DISTRICT COURT
SAVANNAH DIV.
JUN 2U 2015
CLERK .A

Plaintiff
V.

Case No. 6: 4-cv-00027-BAE-GRS

CAROLYN W. COLV[N,
Acting Commissioner of
Social Security
Defendant
CONSENT ORDER ON EAJA FEE REQUEST
This matter is before the Court on the parties' Joint Stipulation for Resolution of Petition
for EAJA Fees and Plaintiffs previously filed motion for attorneys' fees under the Equal iccess
to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), (Doe. 21). The Joint Stipulation indicatis that
Plaintiff has agreed to withdraw her EAJA fee petition pursuant to the parties' agreeme it and
stipulation for an award under the EAJA. The Court having considered the Joint Stipulation and
petition for EAJA fees,
IT IS ORDERED that Plaintiff is awarded attorney fees under the Equal Access to .iustice
Act ("EAJA"), 28 U.S.C. § 2412(d), in the amount of $7,500.00, and that no further requests for
fees or costs under the EAJA shall be filed in this case. Defendant IS ORDERED to pa those
amounts to Plaintiff, Diann Waters, directly, subject to any offset imposed by the Treasury
Department's Offset Program.
The Commissioner shall determine after entry of this Order whether Plaintiff owes a debt
to the Government that is subject to 31 U.S.C. §§ 3711 and 3716, which allow for the colection
of a federal debt from the amount awarded to Plaintiff. If Plaintiff does owe a debt to the
Government, her EAJA fee award will be applied toward such debt by the Treasury

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Department's Offset Program, see Astrue v, Ratliff, 560 U.S. 586, 558-91, 130 S. Ct. 2521,
2524-26 (2010), and the Commissioner shall notify the Treasury Department that if any funds
remain after the EAJA fee award is applied to her debt, the Treasury Department should issue a
check for the remaining funds made payable to Plaintiff and mail that check to Plaintiff's
counsel.
Notwithstanding instructions in the preceding paragraph to pay the EAJA award to
Plaintiff, if the Treasury Department determines that Plaintiff does not owe a Federal debt
subject to setoff, the Commissioner may exercise its discretion to honor Plaintiff's pre-award
attempt to assign EAJA fees and pay the awarded fees directly to Plaintiff's counsel, ar.d shall
act consistently with its stipulation that it will honor the assignment in the event Plaintiff'; BAJA
award is not subject to a setoff. See McCullough v. Astrue, 565 F. Supp, 2d 1327, 133: (M.D.
Fla. 2008) (pre-Ratliff decision finding that Reeves v. Astrue, 526 F.3d 732, 734-35 (1(th Cir.
2008), does not prevent an assignment of fees).
Plaintiff has stipulated that she withdraws her Motion for Attorney Fees (Doe. 21), and
substitutes this Joint Stipulation for her petition. Accordingly, it is FURTHER ORDERED that
Plaintiff's EAJA fee petition, (Doe. 21), is denied as moot. The Clerk shall enter a judgment
consistent with this Order.
SO ORDERED thi2'v of\32iP, 2015.

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UNITED STATES-

UDGE

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