Sharpe v. Astrue
Filing
35
CONSENT ORDER granting 32 Motion for Attorney Fees - Signed by District Judge Louise Wood Flanagan on 07/13/2012. (Baker, C.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
5:11-CV-669-FL
TRACY A SHARPE,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social
Security,
Defendant.
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CONSENT ORDER
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 $3,883.44 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) and that the Treasury Judgment Fund will reimburse
Plaintiff the $75.00 filing fee paid upon filing the case in this Court. 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 $3,883.44 in full satisfaction of any and all claims arising under EAJA, 28 U.S.C. §
2412(d), and that Plaintiff be reimbursed by $75.00 for costs, and upon the payment of such sum
this case is dismissed with prejudice.
This _____ day of ___________, 2012.
13th
July
/s/ Louise W. Flanagan
_________________________________
United States District Judge
CONSENTED TO:
KIMBERLY D. BISHOP (formerly BLACKWELL)
Attorney for Plaintiff
N.C. Bar # 37599
Charles T. Hall Law Firm, P.C.
P.O. Box 10629
Raleigh, NC 27605
Telephone: (919) 791-1883
Fax: (919) 791-1886
kimberly@charleshallfirm.com
ELISA DONOHOE
Attorney for Defendant
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
6401 Security Boulevard
Altmeyer Building, Room 617
Baltimore, MC 21235-6401
Telephone: (410) 966-6366
Fax: (410) 597-0527
lisa.donohoe@ssa.gov
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