Wright v. Astrue
Filing
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ORDER granting 20 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 04/03/12. (emw)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:10cv250
LORI M. WRIGHT,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
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ORDER
THIS MATTER is before the Court on the Plaintiff’s Petition for Attorney
Fees under the Equal Access to Justice Act 28 U.S.C. § 2412. [Doc. 20]. The
Defendant does not oppose the Plaintiff’s fee request. [Doc. 22].
The Plaintiff seeks an award to her counsel in the amount of $5,433.60
in full satisfaction of any and all claims by the Plaintiff in this case pursuant to
the Equal Access to Justice Act, 28 U.S.C. § 2412(d). [Doc. 20].
The Court finds that the Commissioner should accept an assignment of
the awarded fees by the Plaintiff to her attorney and upon receipt of such
assignment, the Commissioner will pay that award of fees directly to Plaintiff’s
counsel, provided that it is shown that as of the date of this Order, the Plaintiff
does not owe any debt to the United States Government which is subject to
offset. See Astrue v. Ratliff,
U.S.
, 130 S.Ct. 2521, 177 L.Ed.2d 91
(2010).
IT IS, THEREFORE, ORDERED that the Plaintiff’s Petition for Attorney
Fees under the Equal Access to Justice Act 28 U.S.C. § 2412 [Doc. 20] is
hereby GRANTED, and the Plaintiff is hereby awarded attorney’s fees in the
amount of Five Thousand Four Hundred Thirty-Three Dollars and Sixty Cents
($5,433.60), 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 than thirty (30) days from entry of
this Order. Within the same time period, the Plaintiff shall provide any valid
fee assignment to the Defendant.
IT IS FURTHER ORDERED that in the event that past-due benefits are
awarded on remand, the Plaintiff shall have thirty (30) days after being served
with notice of the past-due benefits award to file for an award of fees pursuant
to the Social Security Act, 42 U.S.C. § 406(b).
IT IS FURTHER ORDERED that no additional Petition pursuant to 28
U.S.C. §2412(d) may be filed.
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IT IS SO ORDERED.
Signed: April 3, 2012
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