Coates v. Astrue

Filing 16

ORDER granting 15 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 01/04/13. (emw)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00096-MR

MELISSA D. COATES,

)
)
Plaintiff,
)
)
vs.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
)
Defendant.
)
___________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Application for
Attorney Fees under the Equal Access to Justice Act.

[Doc. 15]. The

Plaintiff represents that the Commissioner does not oppose her fee
request.
The Plaintiff seeks an award to her counsel in the amount of
$1,137.40 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).
[Doc. 15]. The Plaintiff further seeks reimbursement of costs in the amount
of $367.85, representing $17.85 in mailing costs and $350.00 in filing fees
incurred by the Plaintiff in this action.

[Id.].

As noted above, the

Commissioner does not contest the Plaintiff’s request for fees or her

request for reimbursement of costs. 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 finds that the Plaintiff is entitled to reimbursement of the
claimed costs.
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 assignment to counsel. [Doc. 15 at 10]. 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 Application for
Attorney Fees under the Equal Access to Justice Act [Doc. 15] is hereby
GRANTED, and the Plaintiff is hereby awarded attorney’s fees in the
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amount of One Thousand One Hundred and Thirty-Seven Dollars and Forty
Cents ($1,137.40), 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 a total of $367.85 shall 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 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.

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IT IS SO ORDERED.

Signed: January 4, 2013

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