Steward v. Astrue

Filing 22

ORDER GRANTING 20 Motion for Attorney Fees. Signed by US District Judge Terrence W. Boyle on 8/19/2013. Counsel is directed to read Order in its entirety for critical information. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
CIVIL ACTION NO.: 5:12-cv-769-BO

EUNICE STEWARD,
PLAINTIFF,

vs.

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CAROLYN W. COLYIN,
COMMISSIONER OF SOCIAL
SECURITY,
DEFENDANT.

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THIS MATTER IS BEFORE THE COURT on the Plaintiffs Motion for Fees Under
the Equal Access to Justice Act 28 U.S.C. § 2412(d)(l)(A) filed on August 13,2013. The parties
agree in this case that Plaintiff should be awarded an attorney's fee under the Equal Access to
Justice Act ("EAJA"), 28 U.S.C. § 2412(d), in the amount of$5,148.73.

IT IS ORDERED that the Plaintiffs Motion for Fees Under the Equal Access to Justice
Act 28 U.S.C. § 2412(d)(l)(A) filed is GRANTED, to the extent that the Court will award
attorney fees in the amount of$5,148.73, and that 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. The Commissioner will determine within 30 days of this Order
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 Plaintiffs counsel. If the

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule
25(d) ofthe Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted for Michael J. Astrue as the
defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section
205(g) of the Social Security Act, 42 U.S.C. § 405(g).

United States Department of the Treasury reports to the Commissioner that the Plaintiff does not
owe a federal debt, the government will exercise its discretion and honor an assignment ofEAJA
fees, and pay the awarded fees directly to Plaintiffs counsel. No additional petition pursuant to
28 U.S.C. § 2412(d) shall be filed.

T rrence W. Boyle
United States District Court Ju

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