Caruso v. Astrue

Filing 28

ORDER granting 24 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 1/6/12. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:10cv285

JOHN R.CARUSO,
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. 24]. The Defendant has responded. [Doc. 27].
The parties agree the appropriate award of attorney’s fees is the amount
of Four Thousand One Hundred Twelve Dollars and Fifty Cents ($4,112.50)
in full satisfaction of any and all claims by the Plaintiff in this case pursuant to
28 U.S.C. §2412(d). 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. Astrue v. Ratliff,

U.S.

, 130 S.Ct. 2521, 177

L.Ed.2d 91 (2010).
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion For Attorney’s
Fees under the Equal Access to Justice Act and the Social Security Act [Doc.
24] is hereby GRANTED and the Plaintiff is hereby awarded attorney’s fees
in the amount of Four Thousand One Hundred Twelve Dollars and Fifty Cents
($4,112.50) 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
this Order. Within the same time period, the Plaintiff shall provide any valid
fee assignment to the Defendant.
IT IS FURTHER ORDERED that no additional Petition pursuant to 28
U.S.C. §2412(d) may be filed.
Signed: January 6, 2012