Suggs v. Astrue

Filing 32

CONSENT ORDER granting 30 Motion for Attorney Fees - Signed by District Judge Louise Wood Flanagan on 04/01/2013. (Baker, C.)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION 4:12-CV-63-FL JOSEPH A. SUGGS, Plaintiff, v. ) ) ) ) ) ) MICHAEL J. ASTRUE, Commissioner of Social Security, CONSENT ORDER ) ) ) ) Defendant. ) This action being submitted to the Court for entry of a Consent Order agreed to by the parties and it appearing that Plaintiff, by and through his attorney, has executed this Consent Order and Defendant has executed this Consent Order, by and through the undersigned Assistant United States Attorney; and it appearing that the parties have agreed that the Commissioner of Social Security should pay the sum of $3,550.00 for attorney fees, in full and final settlement of all claims due against the Social Security Administration, for attorney fees arising under the Equal Access to Justice Act. (EAJA 28 U.S.C. § 2412(d). Pursuant to Comm'r of Soc. Sec. v. Ratliff, 560 U.S.----, 130 S.Ct. 2521 (2010), the fee award will first be subject to offset of any debt Plaintiff may owe to the United States. Defendant 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 Plaintiff does not owe a federal debt, the government will exercise its discretion and honor the assignment of EAJA fees, and pay the awarded fees directly to Plaintiff's counsel. It is therefore ORDERED that the Commissioner of Social Security pay to Plaintiff, the sum of $3,550.00 in full satisfaction of any and all claims arising under EAJA, 28 U.S.C. § 24I2(d). This~ day of A-pr', L , 20I3. CONSENTED TO: KIMBERLY D. BISHOP (formerly BLACKWELL) Attorney for Plaintiff N.C. Bar# 37599 Charles T. Hall Law Firm, P.C. P.O. Box I 0629 Raleigh, NC 27605 Telephone: (9I9) 79I-I883 Fax: (9I9) 79I-I886 JAMIE DIXON Attorney for Defendant Special Assistant United States Attorney Social Security Administration Office of the General Counsel 640 I Security Boulevard Altmeyer Building, Room 6I7 Baltimore, MC 21235-6401 Telephone: (41 0) 965-9080 Fax: (410) 597-0527

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?