Ledford v. Astrue

Filing 19

ORDER granting [16, 17] parties' motions for anaward of attorneys' fees under the Equal Access to Justice Act. Signed by District Judge Martin Reidinger on 07/03/2014. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00081-MR

SUSAN P. LEDFORD,

)
)
Plaintiff,
)
)
vs.
)
)
CAROLYN W. COLVIN, Acting
)
Commissioner of Social Security,
)
)
Defendant.
)
___________________________________ )

ORDER

THIS MATTER is before the Court on the parties’ motions for an
award of attorneys’ fees under the Equal Access to Justice Act, 28 U.S.C. §
2412(d)(1)(A) (EAJA) [Docs. 16, 17].
The parties have stipulated to an award to the Plaintiff in the amount
of $5,321.32 in full satisfaction of any and all claims by the Plaintiff in this
case pursuant to EAJA. 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.

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 an Assignment of Fees executed by the Plaintiff in favor of her
counsel.

[Doc. 17-1].

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, 560
U.S. 286 (2010).
IT IS, THEREFORE, ORDERED that the parties’ motions for an
award of attorneys’ fees under the Equal Access to Justice Act [Docs. 16,
17] are hereby GRANTED, and the Plaintiff is hereby awarded attorney’s
fees in the amount of Five Thousand Three Hundred and Twenty-One
Dollars and Thirty-Two Cents ($5,321.32), 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
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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.
IT IS SO ORDERED.
Signed: July 3, 2014

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