Beck v. Astrue
Filing
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ORDER granting 14 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 9/21/13. (nll)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00002-MR-DLH
LAWRENCE H. BECK,
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Plaintiff,
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vs.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security,
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Defendant.
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________________________________ )
ORDER
THIS MATTER is before the Court on the Plaintiff’s Motion for Fees
under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) [Doc. 14].
The Defendant does not oppose the Plaintiff’s request for fees. [Doc. 16].
The Plaintiff moves the Court for an award of attorney’s fees pursuant
to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). [Doc. 14]. 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 Plaintiff requests that the EAJA award be paid directly to his
counsel as his assignee.
In support of this request, the Plaintiff has
submitted a copy of an assignment, by which the Plaintiff agrees to assign
such fees to counsel. [Doc. 14-1]. The Court finds that the Commissioner
should accept this assignment of the awarded fees by the Plaintiff to his
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,
560 U.S. 586 (2010).
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for Fees
under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) [Doc. 14]
is hereby GRANTED, and the Plaintiff is hereby awarded attorney’s fees in
the amount of Five Thousand Two Hundred and Thirty-One Dollars and
Twenty-Five Cents ($5,231.25), 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).
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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.
IT IS SO ORDERED.
Signed: September 21, 2013
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