Butler v. Astrue

Filing 19

ORDER granting Pltf's 17 Motion for Attorney Fees; granting Deft's 18 Consent Motion for Entry of an Order Accepting the Parties' Settlement Agreement on Attorney's Fees. Signed by District Judge Martin Reidinger on 6/8/13. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12cv231

VALLARIE ANN BUTLER,

)
)
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Plaintiff,
v.

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ORDER

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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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_________________________________)
THIS MATTER is before the Court on the Plaintiff’s Motion for
Payment of Attorney Fees [Doc. 17] and the Defendant’s Consent Motion
for Entry of an Order Accepting the Parties’ Settlement Agreement on
Attorney’s Fees [Doc. 18].
The parties agree that the appropriate award of attorney’s fees is the
amount of Two Thousand Three Hundred Seventy-Five Dollars and No
Cents ($2,375.00) in full satisfaction of any and all claims by the Plaintiff in
this case pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C.
§2412(d).

The Plaintiff has filed an Assignment of Fees in which she

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assigns any such award directly to counsel. [Doc. 17-2]. The Court finds
that the Commissioner should accept the assignment of the awarded fees
by the Plaintiff to her attorney and shall pay that award of fees directly to
Plaintiff’s counsel; provided however, 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. Astrue v. Ratliff, __U.S. __, 130 S.Ct. 2521, 177
L.Ed.2d 91 (2010). In the event that the Plaintiff does, in fact, owe the
United States Government any debt subject to offset, the Commissioner
shall pay any attorney’s fees remaining after such offset to the Plaintiff
instead of to her attorney.
In addition, should counsel receive an attorney’s fee award pursuant
to the Social Security Act, he shall refund to the Plaintiff the smaller award.
42 U.S.C. §206(b)(2).
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for
Payment of Attorney Fees [Doc. 17] is hereby GRANTED and the Plaintiff
is hereby awarded attorney’s fees in the amount of Two Thousand Three
Hundred Seventy-Five Dollars and No Cents ($2,375.00) 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) and subject to the limitations set forth herein.

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IT IS FURTHER ORDERED that the Defendant’s Consent Motion for
Entry of an Order Accepting the Parties’ Settlement Agreement on
Attorney’s Fees [Doc. 18] is hereby GRANTED.
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. Provided that the Plaintiff does not owe any debt to the
United States Government which is subject to offset, the Commissioner
shall honor the Assignment of fees. In the event that the Plaintiff does,
however, owe the United States Government any debt subject to offset, the
Commissioner shall pay any attorney’s fees remaining after such offset to
the Plaintiff instead of to his attorney.
IT IS FURTHER ORDERED that no additional Petition pursuant to 28
U.S.C. §2412(d) may be filed.
Signed: June 8, 2013

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