Bailey v. Astrue

Filing 21

ORDER granting 20 Motion for Attorney Fees. Signed by Magistrate Judge Dennis Howell on 07/20/2012. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE CITY DIVISION
1:11cv227
RONNIE BAILEY,

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Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
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ORDER

Pending before the Court is Plaintiff’s Consent Motion for Attorney’s Fees
[# 20]. Pursuant to 28 U.S.C. § 2412(d)(1)(A), Plaintiff’s counsel requests an
award of fees in the amount of $3700.69. The Commissioner does not object to the
amount of the award. The Court finds that the fees requested in this case are
reasonable in light of the services rendered by counsel. In addition, the Court finds
that the Commissioner should accept an assignment of the awarded fees by the
Plaintiff to his attorney and upon receipt of such assignment, the Commissioner
shall 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 that is subject to offset. See Astrue v. Ratliff,

U.S.

S. Ct. 2521 (2010). Accordingly, the Court GRANTS Plaintiff’s Motion for
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, 130

Attorney’s Fees [# 20], and the Court AWARDS Plaintiff his attorney’s fees in the
amount of Three Thousand Seven Hundred and Dollars and Sixty Nine Cents
($3700.69). This sum shall constitute full satisfaction of any and all claims by the
Plaintiff in this case pursuant to 28 U.S.C. § 2412(d).
The Court also DIRECTS the Commissioner to inform Plaintiff’s counsel
whether the Plaintiff owes a debt to the Government by 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 any valid fee assignment to the Defendant.
Finally, the Court INSTRUCTS the parties that no additional Petition pursuant to
28 U.S.C. §2412(d) may be filed.

Signed: July 20, 2012

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