Savage v. Astrue

Filing 22

ORDER granting 21 Defendant's Consent Motion for Entry of Order Accepting the Parties Settlement Agreement on Attorneys Fees;denying as moot 20 Plaintiff's Petition for Attorneys Fees and Costs. Signed by District Judge Martin Reidinger on 01/04/2013. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11-cv-00254

SHIRLEY M. SAVAGE,

)
)
Plaintiff,
)
)
vs.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
)
Defendant.
)
___________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Petition for
Attorney’s Fees and Costs [Doc. 20] and the Defendant’s Consent Motion
for Entry of Order Accepting the Parties’ Settlement Agreement on
Attorney’s Fees [Doc. 21].
In her Petition, the Plaintiff moves for an award of attorney’s fees
pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), as well
as reimbursement of certain costs and expenses.

[Doc. 20].

The

Defendant’s Consent Motion indicates that the parties subsequently
entered into a Settlement Agreement regarding the fee award. [Doc. 21].
Pursuant to this Settlement Agreement, the parties agree that the Plaintiff
should be awarded an attorney’s fee in the amount of $6,100.00 in full

satisfaction of any and all claims by the Plaintiff in this case [See
Settlement Agreement, Doc. 21-1].

The parties further agree that the

Plaintiff should be reimbursed a total $16.50 in copying costs and expenses
from the Treasury Judgment Fund. [Id.].
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 Court further concludes that
the Plaintiff is entitled to reimbursement from the Treasury Judgment Fund
of the $16.50 of expenses incurred as a result of this action.
Pursuant to Astrue v. Ratliff, __U.S. __, 130 S.Ct. 2521, 177 L.Ed.2d
91 (2010), the fee award will first be subject to offset of any debt that the
Plaintiff may owe to the United States. The Defendant will determine within
thirty (30) days of the entry of this Order whether the Plaintiff owes any
such debt. If so, the debt will be satisfied first, and if any funds remain,
they will be made payable to the Plaintiff and mailed to the Plaintiff’s
counsel.

2

IT IS, THEREFORE, ORDERED that the Defendant’s Consent
Motion for Entry of Order Accepting the Parties’ Settlement Agreement on
Attorney’s Fees [Doc. 21] is hereby GRANTED, and the Plaintiff is hereby
awarded attorney’s fees in the amount of Six Thousand One Hundred
Dollars ($6,100.00), 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 Plaintiff’s Petition for Attorney’s
Fees and Costs [Doc. 20] is DENIED AS MOOT.
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 than thirty (30) days from entry
of this Order.
IT IS FURTHER ORDERED that $16.50 in costs shall be reimbursed
to the Plaintiff from the Treasury Judgment Fund upon certification thereof
by the Office of the United States Attorney to the Department of Treasury.
IT IS FURTHER ORDERED that no additional Petition pursuant to 28
U.S.C. § 2412(d) may be filed.

3

IT IS SO ORDERED.
Signed: January 4, 2013

4