Walls v. Astrue

Filing 23

ORDER granting 20 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 6/12/13. (nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11-cv-00318-MR-DLH

SONYA WALLS,

)
)
Plaintiff,
)
)
vs.
)
)
CAROLYN W. COLVIN, Acting
)
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].
The Plaintiff advises the Court that the parties have stipulated and
agreed to the award to Plaintiff of $5,750.00 in attorney’s fees for full
settlement in satisfaction of any and all claims for attorney’s fees pursuant
to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). [Doc. 20]. In light
of the Court’s prior remand of this matter, and in the absence of any
contention by the Commissioner that her 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 in the amount agreed upon by the parties.

The parties request that the EAJA award be paid directly to Plaintiff’s
counsel as her assignee.

In support of this request, the Plaintiff has

submitted a copy of her Fee Agreement with counsel, which purports to
assign such fees. [Doc. 20-1]. 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’s Fees and Costs [Doc. 20] is hereby GRANTED, and the Plaintiff
is hereby awarded attorney’s fees in the amount of Five Thousand Seven
Hundred and Fifty Dollars ($5,750.00), 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 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
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fee assignment to the Defendant. Provided that the Plaintiff does not owe
any debt to the Government which is subject to offset, the Commissioner
shall honor the assignment of fees.
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 no additional Petition pursuant to 28
U.S.C. § 2412(d) may be filed.
IT IS SO ORDERED.

Signed: June 12, 2013

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