Goodrich et al v. Astrue

Filing 17

ORDER granting 16 Motion for Attorney Fees Under the Equal Access to Justice Act. Signed by Senior Judge Graham Mullen on 12/2/13. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION

BRADLEY GOODRICH on behalf of
K.O. (minor child) regarding
Richard Ochoa, dec’d., SSN: -4520,

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Plaintiff,
vs.
CAROLYN W. COLVIN1,
Acting Commissioner of Social Security
Defendant.

CIVIL NO. 1:12-CV-344

ORDER
THIS MATTER IS BEFORE THE COURT upon Plaintiff’s Consent Motion for
Attorney’s Fees (Doc. No. 16) filed on September 19, 2013. The parties agree in this case that
Plaintiff should be awarded an attorney’s fee under the Equal Access to Justice Act (“EAJA”),
28 U.S.C. § 2412(d), in the amount of $5,114.69, fees in the amount of $350.00 and mailing
expenses in the amount of $17.85.
IT IS THEREFORE ORDERED that Plaintiff’s Consent Motion for Attorney’s Fees
(Doc. No. 16) is GRANTED to the extent that the Court will award attorney fees in the amount
of $5,114.69, fees in the amount of $350.00, and mailing expenses in the amount of $17.85, and
that pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the fee award will first be subject to offset
of any debt Plaintiff may owe to the United States. The Commissioner will determine within 30

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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, Carolyn W. Colvin should be substituted for Michael J. Astrue
as the defendant in this suit. Pursuant to the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. §
405(g), no further action need be taken to continue this suit.

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days of this Order whether Plaintiff owes a debt to the United States. If so, the debt will be
satisfied first, and if any funds remain, they will be made payable to Plaintiff and mailed to
Plaintiff’s counsel. If the United States Department of the Treasury reports to the Commissioner
that the Plaintiff does not owe a federal debt, the Government will exercise its discretion and
honor an assignment of EAJA fees, and pay the awarded fees directly to Plaintiff’s counsel. No
additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
SO ORDERED.

Signed: December 2, 2013

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