Hall v. SSA

Filing 25

MEMORANDUM OPINION & ORDER: Plaintiff's Motion to Amend or Correct, 23 , is DENIED. Signed by Judge Joseph M. Hood on 06/18/2015.(LC)cc: COR

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON HOLLY SUE HALL, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. Civil Case No. 5:13-CV-20-JMH MEMORANDUM OPINION & ORDER *** This matter is before the Court on Plaintiff’s Motion for Relief under Fed. R. Civ. P. 59(e). [DE 23]. Plaintiff requests that the Court attorney’s fees amend to its Order Plaintiff’s of April counsel 9, 2015, rather than to award directly payable to Plaintiff because the Plaintiff signed an EAJA fee assignment after the Court’s entry of an EAJA award. The Commissioner responded, [DE 24], and contends that Plaintiff’s motion is out of time and should be denied and, nonetheless, asserts that the agency decided to waive the antiassignment requirements and pay attorney fees directly to Plaintiff’s attorney. Plaintiff has not replied, although the time to do so has passed, from which the Court concludes that Plaintiff has no objection to this assertion. It appears, therefore, that Plaintiff’s motion is moot. Regardless, Plaintiff brings her motion under Rule 59(e) but filed it outside of the 28-day deadline imposed by that rule. Thus, Plaintiff’s motion is untimely. Accordingly, IT IS ORDERED that Plaintiff’s Motion to Amend or Correct, [DE 23], is DENIED. This the 18th day of June, 2015. 2

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