Parker v. Astrue

Filing 20

ORDER granting 18 Motion for Attorney Fees. 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 (30) days from entry of this Order. Signed by District Judge Martin Reidinger on 9/26/2012. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv205

DONNA J. PARKER,
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 under the Equal Access to Justice Act [Doc. 18]. The Defendant has
filed a response in which he consents to the award. [Doc. 19].
The parties agree that the appropriate award of attorney’s fees is the
amount of Two Thousand Two Hundred Seventy-Six Dollars and Ten Cents
($2,276.10) in full satisfaction of any and all claims by the Plaintiff in this case
pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d). The
Plaintiff has filed an Assignment of Fees in which he assigns any such award
directly to counsel. [Doc. 18-2]. The Court finds that the Commissioner should
accept the assignment of the awarded fees by the Plaintiff to his attorney and

shall pay that award of fees directly to Plaintiff’s counsel; provided however,
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). In the event that the

Plaintiff does, in fact, owe the United States Government any debt subject to
offset, the Commissioner shall pay any attorney’s fees remaining after such
offset to the Plaintiff instead of to his attorney.
In addition, should counsel receive an attorney’s fee award pursuant to
the Social Security Act, he shall refund to the Plaintiff the smaller award. 42
U.S.C. §206(b)(2).

Finally, although the cost of the filing fee may be

reimbursed, such reimbursement must be from the Judgment Fund upon
certification thereof by the Office of the United States Attorney to the
Department of Treasury.
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.
18] is hereby GRANTED and the Plaintiff is hereby awarded attorney’s fees
in the amount of Two Thousand Two Hundred Seventy-Six Dollars and Ten
Cents ($2,276.10) 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) and subject to the

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limitations set forth herein.
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. Provided that the Plaintiff does not owe any debt to the United
States Government which is subject to offset, the Commissioner shall honor
the Assignment of fees. In the event that the Plaintiff does, however, owe the
United States Government any debt subject to offset, the Commissioner shall
pay any attorney’s fees remaining after such offset to the Plaintiff instead of
to his attorney.
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 FURTHER ORDERED that Three Hundred Fifty Dollars and No
Cents ($350.00) for the cost of filing fees are to be reimbursed to the Plaintiff
from the Judgment Fund upon certification thereof by the Office of the United
States Attorney to the Department of Treasury.
Signed: September 26, 2012

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