Swafford v. Astrue
Filing
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ORDER granting 14 Motion for Attorney Fees under EAJA. Signed by District Judge Martin Reidinger on 4/17/12. (ejb)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv274
CONNIE SWAFFORD,
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 Petition for Attorney
Fees under the Equal Access to Justice Act 28 U.S.C. § 2412. [Doc. 14]. The
Plaintiff represents that the Commissioner does not oppose her fee request.
The Plaintiff seeks an award to her counsel in the amount of $2,686.27
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). The Plaintiff also seeks
reimbursement of the $350.00 filing fee from the Treasury Judgment Fund.
[Doc. 14].
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 Court further concludes
that the Plaintiff is entitled to reimbursement from the Treasury Judgment
Fund of the $350.00 filing fee paid at the commencement of this action.
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 Fee Contract with counsel, which purports to assign such fees.
[Doc. 14-2].
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 Petition for Attorney
Fees under the Equal Access to Justice Act 28 U.S.C. § 2412 [Doc. 14] is
hereby GRANTED, and the Plaintiff is hereby awarded attorney’s fees in the
amount of Two Thousand Six Hundred and Eight-Six Dollars and Twenty-
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Seven Cents ($2,686.27), 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
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 in the event that past-due benefits are
awarded on remand, the Plaintiff shall have thirty (30) days after being served
with notice of the past-due benefits award to file for an award of fees pursuant
to the Social Security Act, 42 U.S.C. § 406(b).
IT IS FURTHER ORDERED that $350.00 in costs are to 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.
Signed: April 17, 2012
IT IS SO ORDERED.
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