Swink v. Astrue

Filing 16

ORDER granting 15 Motion for Attorney Fees Under The Equal Access To Justice Act. Signed by Magistrate Judge David Keesler on 7/16/12. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:11-CV-266-MR-DCK
JANICE S. SWINK,

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

ORDER

THIS MATTER IS BEFORE THE COURT on the “Consent Motion For Entry Of Order
Accepting The Parties’ Settlement Agreement On Attorney’s Fees” (Document No. 15) filed July
16, 2012. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.
§ 636(b), and immediate review is appropriate. Having carefully considered the motion and the
record, the undersigned will grant the motion.
IT IS THEREFORE ORDERED that the “Consent Motion For Entry Of Order Accepting
The Parties’ Settlement Agreement On Attorney’s Fees” (Document No. 15) is GRANTED, to the
extent that the Court will award attorney’s fees in the amount of $4,800.00, and that pursuant to
Comm’r of Soc. Sec. v. Ratliff, ---- U.S. ----, 130 S.Ct. 2521 (2010), the fee award will first be
subject to offset of any debt Plaintiff may owe to the United States. The Commissioner will
determine within 30 days of this Order whether Plaintiff owes a debt to the United States. If so, the
debt will be satisfied first, and if any funds remain, they will be made payable to Plaintiff and mailed
to Plaintiff’s counsel. If the United States Department of the Treasury reports to the Commissioner
that the Plaintiff does not owe a federal debt, the government will exercise its discretion and honor
the Plaintiff’s October 12, 2011 assignment of EAJA fees, and pay the awarded fees directly to

Plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
SO ORDERED.

Signed: July 16, 2012

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