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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
HOLLY SUE HALL,

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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.

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