Stowe v. Astrue

Filing 19

ORDER granting 18 Motion for Attorney Fees. Signed by Magistrate Judge David Keesler on 3/28/13. (nll)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:11-CV-302-MR-DCK
IRENE C. STOWE,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on Defendant’s “Consent Motion For
Entry Of Order Accepting The Parties’ Settlement Agreement On Attorney’s Fees” (Document
No. 18) filed March 28, 2013. This case has been referred to the undersigned Magistrate Judge
pursuant to 28 U.S.C. §636(b)(1)(B), and immediate review is appropriate. Having carefully
considered the motion and record, and applicable authority, and noting consent of Plaintiff’s
counsel, the undersigned will grant the motion.
IT IS, THEREFORE, ORDERED that Defendant’s “Consent Motion For Entry Of
Order Accepting The Parties’ Settlement Agreement On Attorney’s Fees” (Document No. 18) is
hereby GRANTED.
IT IS FURTHER ORDERED that the United States Social Security Administration shall
pay attorney’s fees in the amount of three thousand nine hundred twenty-nine dollars and twelve
cents ($3,929.12) in full satisfaction of any and all attorney’s fee claims Plaintiff may have in this
case under EAJA. Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 130 S.
Ct. 2521 (2010), these attorney’s fees are payable to Plaintiff as the prevailing party, and are subject
to offset through the Treasury Department’s Offset Program to satisfy any pre-existing debt Plaintiff

may owe to the government. If, subsequent to the entry of this Order, the Commissioner determines
that Plaintiff owes no debt to the government that would subject this award of attorney’s fees to
offset, the Commissioner may honor the Plaintiff’s October 14, 2011, signed assignment of EAJA
fees providing for payment of the subject fees to Plaintiff’s counsel rather than to Plaintiff. If,
however, the Commissioner discovers that Plaintiff owes the government any debt subject to offset,
the Commissioner shall pay any attorney’s fees remaining after such offset to Plaintiff, rather than to
counsel.
SO ORDERED.

Signed: March 28, 2013

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