Byers v. Astrue

Filing 16

ORDER granting 14 Consent Motion for Entry of an Order Accepting the Parties Settlement on Attorney's Fees. Signed by District Judge Martin Reidinger on 03/19/2012. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv197

TRACI E. BYERS,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on the Parties’ Consent Motion for
Entry of an Order Accepting the Parties’ Settlement Agreement on Attorney’s
Fees. [Doc. 14].
The parties agree the appropriate award of attorney’s fees is the amount
of One Thousand Eight Hundred Thirty-Two Dollars and Ninety-One Cents
($1,832.32) in full satisfaction of any and all claims by the Plaintiff in this case
pursuant to 28 U.S.C. §2412(d).

The parties state in the Settlement

Agreement that the Plaintiff has assigned the attorney’s fees to Plaintiff’s
counsel. The Court therefore finds that the Commissioner shall pay this
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
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 Parties’ Consent Motion for
Entry of an Order Accepting the Parties’ Settlement Agreement on Attorney’s
Fees. [Doc. 14] is hereby GRANTED and the Plaintiff is hereby awarded
attorney’s fees in the amount of One Thousand Eight Hundred Thirty-Two
Dollars and Ninety-One Cents ($1,832.91) 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.
IT IS FURTHER ORDERED that no additional Petition pursuant to 28
U.S.C. §2412(d) may be filed.
Signed: March 19, 2012