Owen v. Astrue

Filing 19

ORDER granting 16 Motion for Attorney Fees; granting 17 Motion for Extension of Time to File Response/Reply. IT IS FURTHER ORDERED tht no additional petition pursuant to 28 U.S.C. 2412(d) shall be filed. Signed by District Judge Martin Reidinger on 9/26/2011. (pdf)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO.1:10cv194

KATHY OWEN,

)
)
Plaintiff,
)
)
vs.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
)
Defendant.
)
)
_______________________________ )

MEMORANDUM OF
DECISION AND ORDER

THIS MATTER is before the court on Plaintiff's Application for Fees
Under the Equal Access to Justice Act, 28 U.S.C. § 2412 [Doc. 16],
Defendant’s unopposed Motion for Extension of Time [Doc. 17], and the
parties’ Stipulation for Payment of Attorney Fees. [Doc. 18].
The Court has considered the stipulation and motions, and reviewed
the pleadings. The total requested fee, $2547.62 is reasonable, and shall
be allowed.
Defendant agrees that if a fee is allowed,
“the Commissioner will determine within thirty days
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. The parties further agree

that an order awarding EAJA fees should also provide
that if the 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 the assignment of EAJA fees,
and pay the awarded fees directly to Plaintiff's
counsel.”
[Doc. 18 p. 1-2].
It appearing that no objection is interposed to any aspect of these
filings, the court enters the following Order.
IT IS, THEREFORE, ORDERED that Plaintiff's Application for Fees
Under the Equal Access to Justice Act, 28 U.S.C. § 2412 [Doc. 16] is
GRANTED, Defendant’s unopposed Motion for Extension of Time [Doc. 17]
is ALLOWED nunc pro tunc, and the parties’ Stipulation for Payment of
Attorney Fees [Doc. 18] is ACCEPTED, and
(1)

The Plaintiff is hereby awarded $2,547.62 for attorney’s fees and
expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412(d).

(2)

Defendant shall inform Plaintiff’s counsel whether Plaintiff does owe a
debt to the government by which this fee award may be offset no
later than 30 days from the entry of this Order.

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(3)

Within 120 days from the entry of this Order, Defendant shall
distribute the sums awarded herein in the manner set out in his
Stipulation. [Doc. 18]. Extensions to this deadline may be granted
for good cause shown.
IT IS FURTHER ORDERED that no additional petition pursuant to 28

U.S.C. § 2412(d) shall be filed.
IT IS SO ORDERED.
Signed: September 26, 2011

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