Coggins v. Commissioner of Social Security Administration

Filing 29

ORDER granting 25 Motion for Attorney Fees; granting 27 Motion for Attorney Fees. FURTHER ORDERED that the Commissioner shall inform Pltf's counsel whether the pltf owes a debt to the Govt no later than 30 days fro m entry of this Order. FURTHER ORDERED that no additional petition pursuant to 28.S.C. §2412(d) may be filed. FURTHER ORDERED that Pltf is awarded an award of expenses in the sum of $18.50 as well as $350.00 in costs provided that the costs are to be reimbursed to the pltf from the Judgment Fund upon certification by the U.S.Attorney to the Dept of Treasury. Signed by District Judge Martin Reidinger on 4/11/2012. (pdf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:09cv405

SYDNEY ALLEN COGGINS,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for Attorney’s
Fees [Doc. 25]; the Defendant’s Response to Plaintiff’s Petition for Payment
of Attorney Fees [Doc. 26]; the Plaintiff’s Amendment to Motion for Attorney
Fees [Doc. 27]; and the Defendant’s Response to Plaintiff’s Amended Motion
for Payment of Attorney Fees [Doc. 28].
In the initial motion, Plaintiff’s counsel sought an award of attorney’s
fees in the amount of Three Thousand Two Hundred Thirty-Three Dollars and
Fifty Cents ($3,233.50) in connection with his services on behalf of the
Plaintiff. [Doc. 25]. The Defendant objected, arguing that an award of the
amount of total fees sought would be unfair since the Commissioner sua

sponte raised the ground which resulted in the remand of the case. [Doc. 26].
The Defendant suggested that a fair and reasonable fee in this matter would
be the sum of Two Thousand Dollars and No Cents ($2,000.00), plus Three
Hundred Fifty Dollars and No Cents ($350.00) for costs and Eighteen Dollars
and Fifty Cents ($18.50) in mailing expenses. [Id.].
Plaintiff’s attorney has now replied that the Plaintiff as well as counsel
are agreeable to the proposed reduction. [Doc. 27]. Counsel has also now
filed the Assignment of Fees which was not initially placed in the record. [Doc.
27-1].
The parties agree the appropriate award of attorney’s fees is the amount
of Two Thousand Dollars and No Cents ($2,000.00) in full satisfaction of any
and all claims by the Plaintiff in this case pursuant to 28 U.S.C. §2412(d).
Attached to the Plaintiff’s Amendment is a copy an assignment of awarded
Equal Access to Justice Act (EAJA) fees by the Plaintiff to her attorney. [Doc.
27-1].
The Court finds that the Commissioner should accept this assignment
of the awarded fees by the Plaintiff to her attorney and shall pay that award
of fees directly to Plaintiff’s counsel provided it is shown that as of the date of
this Order, the Plaintiff does not owe any debt to the United States

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Government which is subject to offset. Astrue v. Ratliff,

U.S.

, 130 S.Ct.

2521, 177 L.Ed.2d 91 (2010). In the event that the Plaintiff does, however,
owe the United States Government any debt subject to offset, the
Commissioner shall pay any attorney’s fees remaining after such offset to the
Plaintiff instead of to her attorney.
The Defendant further agrees that the Plaintiff is entitled to an award of
expenses for mailing in the sum of Eighteen Dollars and Fifty Cents ($18.50)
as well as the sum of $350.00 in costs provided that the costs are to be
reimbursed to the Plaintiff from the Judgment Fund upon certification thereof
by the Office of the United States Attorney to the Department of Treasury.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for Attorney’s
Fees [Doc. 25] as amended by the Plaintiff’s Amendment to Motion for
Attorney Fees [Doc. 27] is hereby GRANTED and the Plaintiff is hereby
awarded attorney’s fees in the amount of Two Thousand Dollars and No
Cents ($2,000.00) which sum is in full satisfaction of any and all claims by the
Plaintiff in this case pursuant to 28 U.S.C. §2412(d).
IT IS FURTHER ORDERED that the Commissioner shall inform
Plaintiff’s counsel whether the Plaintiff owes a debt to the Government by
which this fee award may be offset no later that thirty (30) days from entry of

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this Order. Provided that the Plaintiff does not owe any debt to the United
States Government which is subject to offset, the Commissioner shall honor
the Assignment of fees. In the event that the Plaintiff does, however, owe the
United States Government any debt subject to offset, the Commissioner shall
pay any attorney’s fees remaining after such offset to the Plaintiff instead of
to her attorney.
IT IS FURTHER ORDERED that no additional Petition pursuant to 28
U.S.C. §2412(d) may be filed.
IT IS FURTHER ORDERED that the Plaintiff is hereby awarded an
award of expenses in the sum of Eighteen Dollars and Fifty Cents ($18.50) as
well as the sum of $350.00 in costs provided that the costs are to be
reimbursed to the Plaintiff from the Judgment Fund upon certification thereof
by the Office of the United States Attorney to the Department of Treasury.
Signed: April 11, 2012

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