Goode v. Astrue

Filing 9

ORDER granting 7 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 11/28/11. (nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv183

TAMARA GOODE on behalf of
C.D.G.,
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 Payment
of Attorney’s Fees [Doc. 7].
The parties agree the appropriate award of attorney’s fees is the amount
of Six Hundred Sixty-Seven Dollars and Fifty Cents ($667.50) together with
reimbursement for the cost of the filing fee in the amount of Three Hundred
Fifty Dollars (350.00) aa well as the cost of the mailing fee in the amount of
Seventeen Dollars and Thirty-Seven Cents ($17.37). These sums are in full
satisfaction of any and all claims by the Plaintiff for attorney’s fees 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 Payment
of Attorney’s Fees [Doc. 7] is hereby GRANTED and the Plaintiff is hereby
awarded attorney’s fees in the amount of Six Hundred Sixty-Seven Dollars
and Fifty Cents ($667.50), which sum is in full satisfaction of any and all
claims by the Plaintiff for attorney’s fees pursuant to 28 U.S.C. §2412(d). The
Plaintiff is further awarded reimbursement for the cost of the filing fee in the
amount of Three Hundred Fifty Dollars ($350.00), which amount is to be
certified by the Office of the United States Attorney to the Department of
Treasury for payment from the Judgment Fund. The Plaintiff is also awarded
reimbursement for the cost of the mailing fee in the amount of Seventeen
Dollars and Thirty-Seven Cents ($17.37).
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 in the event past-due benefits are
awarded on remand, the Plaintiff shall have sixty (60) 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.
Signed: November 28, 2011