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.)

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
[e-mail]

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: [phone]
Fax: [phone]
[e-mail]