Gregory v. Astrue
Filing
18
ORDER granting 17 Motion for Attorney Fees under EAJA. Signed by District Judge Max O. Cogburn, Jr on 3/3/14. (ejb)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
JIMMY DEAN GREGORY,
)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
)
Defendant.
)
CIVIL NO. 1:12-CV-309
ORDER
Pursuant to the power of this Court to award fees to a prevailing party, other than the
United States, incurred by that party in a civil action against the United States, including
proceedings for judicial review of agency action, under the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412(d)(1)(A), and in light of this Court’s January 30, 2014, Order and Judgment,
remanding this case to the defendant for further proceedings,
IT IS HEREBY ORDERED that the consented to Motion for Attorney Fees Under the
Equal Access to Justice Act (#17) is GRANTED, the United States Social Security
Administration shall pay attorney’s fees in the amount of three thousand, three hundred and
seventy six dollars and 25 cents ($3,376.25), in full satisfaction of any and all attorney’s fee
claims Plaintiff may have in this case under EAJA. Pursuant to the United States Supreme
Court’s ruling in Astrue v. Ratliff, 130 S. Ct. 2521 (2010), these attorney’s fees are payable to
Plaintiff as the prevailing party, and are subject to offset through the Treasury Department’s
Offset Program to satisfy any pre-existing debt Plaintiff may owe to the government.
If,
subsequent to the entry of the Court’s EAJA Order, the Commissioner determines that Plaintiff
owes no debt to the government that would subject this award of attorney fees to offset, the
Commissioner may honor Plaintiff’s signed assignment of EAJA fees providing for payment of
the subject fees to Plaintiff’s counsel, rather than to Plaintiff. If, however, the Commissioner
discovers that Plaintiff owes the government any debt subject to offset, the Commissioner shall
pay any attorney fees remaining after such offset to Plaintiff, rather than to counsel.
Signed: March 3, 2014
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