Peterson v. Astrue
Filing
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ORDER granting 20 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 3/22/13. (nll)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00052-MR
BROOKE Y. PETERSON,
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Plaintiff,
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vs.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security,
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Defendant.
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________________________________ )
ORDER
THIS MATTER is before the Court on the Defendant’s Consent
Motion for Entry of Order Accepting the Parties’ Settlement Agreement on
Attorney’s Fees. [Doc. 20].
The Defendant moves the Court to enter an Order accepting the
parties’ resolution regarding the payment of 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
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Carolyn W. Colvin became the Acting Commissioner of Social Security on February
14, 2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure and the last
sentence of 42 U.S.C. § 405(g), Colvin is hereby substituted for Michael J. Astrue as the
Defendant in this suit.
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 and that the parties’ settlement regarding
the payment of those fees should be accepted.
The Plaintiff requests that the EAJA award be paid directly to his
counsel as her assignee.
In support of this request, the Plaintiff has
submitted a copy of her Fee Contract with counsel, by which the Plaintiff
agrees to assign such fees to counsel. [Doc. 21]. 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 Defendant’s Consent
Motion for Entry of Order Accepting the Parties’ Settlement Agreement on
Attorney’s Fees [Doc. 20] is hereby GRANTED, and the Plaintiff is hereby
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awarded attorney’s fees in the amount of Four Thousand One Hundred
Fifty Seven Dollars and Fifty Six Cents ($4,157.56), 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 no additional Petition pursuant to 28
U.S.C. § 2412(d) may be filed.
Signed: March 22, 2013
IT IS SO ORDERED.
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