Robinson v. Colvin

Filing 35

ORDER GRANTING 31 Plaintiff's Motion for Attorney Fees. Signed by US District Judge Terrence W. Boyle on 11/5/2014. (Fisher, M.)

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In The United States District Court for the Eastern District of North Carolina Donna Lynn Robinson Social Security Claim Number Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant. ] ] ] ] ] ] ] ] ] Civil Action No. 4: 13-cv-1 03-BO ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 On October 7, 2014, Plaintiff filed a motion for fees in the amount of$5439.00 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). On October 21, 2014, Defendant filed a response indicating that the Commissioner has no objection to Plaintiffs request for fees in that amount. Pursuant to the power of this Court to award attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, and in light of this Court's Judgment reversing the Commissioner's decision and awarding benefits, IT IS THEREFORE ORDERED that the Plaintiffbe allowed attorney fees of$5439.00, which the Court finds to be reasonable, in full satisfaction of any and all EAJA attorney fee claims Plaintiff may have in this case and that payment be made directly to counsel for Plaintiff. Pursuant to the United States Supreme Court's ruling in Astrue v. Ratliff, 130 S. Ct. 2521 (20 I 0), these attorney fees are payable to Plaintiff as the prevailing party and are subject to offset through the Treasury Department's Offset Program to satisfy any pre-existing debt Plaintiff may owe to the United States Government. If, subsequent to the entry of this Order, the Commissioner determines that Plaintiff owes no debt to the United States that would subject this award of attorney fees to offset, or if there is a remainder from the offset, Defendant will direct that the award be made payable to Plaintiffs attorney pursuant to the EAJA assignment duly signed by Plaintiff and counsel. SO ORDERED, this the ~,.- day ofNovember, 2014. T~¥ UNITED STATES DISTRICT COURT JUDGE

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