Sams v. Astrue

Filing 20

ORDER granting 17 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 04/17/2012. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv200

PAMELA SAMS,
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 Motion for Payment
of Attorneys Fees.

[Doc. 17].

The Commissioner does not oppose the

Plaintiff’s fee request. [Doc. 19].
The Plaintiff seeks an award to her counsel in the amount of $1,555.50
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).
As noted above, the Commissioner does not contest the Plaintiff’s
request for fees. In light of the Court’s prior remand of this matter, and in the
absence of any contention by the Commissioner that his position was
substantially justified or that special circumstances exist that would render an

award of attorney's fees unjust, the Court concludes that the Plaintiff is entitled
to an award of attorney's fees under the EAJA.
The Plaintiff requests that the EAJA award be paid directly to her
counsel as her assignee. In support of her request, the Plaintiff has submitted
a copy of her Assignment of Fees to counsel. [Doc. 18-1]. The Court finds
that the Commissioner should accept this 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 Motion for Payment
of Attorneys Fees [Doc. 17] is hereby GRANTED, and the Plaintiff is hereby
awarded attorney’s fees in the amount of One Thousand Five Hundred and
Fifty-Five Dollars and Fifty Cents ($1,555.50), 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

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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 a 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.
IT IS SO ORDERED.
Signed: April 17, 2012

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