Pegg v. Astrue
Filing
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ORDER granting 17 Consent Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 07/23/2013. (thh)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOUGLAS C. PEGG,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
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Civil No. 1:12-cv-00394-GCM
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, 28
U.S.C. § 2412(d)(1)(A), and in light of this Court’s July 16, 2013, Judgment and Order
remanding this case to the defendant Commissioner for further administrative proceedings,
IT IS HEREBY ORDERED that the United States Social Security Administration shall
pay attorney’s fees in the amount of three thousand, nine hundred and eighty-one dollars, and
sixty-one cents ($3981.61) in full satisfaction of any and all attorney’s fee claims Plaintiff may
have in this case under the Equal Access to Justice Act.
Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 130 S.Ct. 2521
(2010), these attorney 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 this Order, the
Commissioner determines that Plaintiff owes no debt to the government that would subject this
award of attorney’s fees to offset, the Commissioner may honor the Plaintiff’s December 13,
2012 signed assignment of EAJA fees providing for payment of the subject fees to Plaintiff’s
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counsel, rather than to Plaintiff. If, however, Plaintiff is discovered to owe the government any
debt subject to offset, the Commissioner shall pay any attorney’s fees remaining after such offset
to Plaintiff rather than to counsel.
SO ORDERED.
Signed: July 23, 2013
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