Legon v. Colvin
Filing
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ORDER granting 19 Plaintiff's Motion for Payment of Attorney Fees. Signed by District Judge Martin Reidinger on 02/24/2014. (thh)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00144-MR-DLH
JUDSON REIMER LEGON,
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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
Payment of Attorney Fees pursuant to the Equal Access to Justice Act, 28
U.S.C. § 2412(d) (EAJA). [Doc. 19]. The Commissioner does not oppose
the Plaintiffs’ fee request. [Doc. 21].
The Plaintiff seeks an award to his counsel in the amount of
$2,405.00 in full satisfaction of any and all claims by the Plaintiff in this
case pursuant to EAJA.
As noted above, the Commissioner does not
contest the Plaintiff’s request for fees. In light of the Court’s prior remand
of this matter, and in the absence of any contention by the Commissioner
that her 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 her assignee.
In support of his request, the Plaintiff has
submitted an Assignment of Fees executed by the Plaintiff in favor or his
counsel. [Doc. 20]. 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. 286
(2010).
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for
Payment of Attorney Fees [Doc. 19] is hereby GRANTED, and the Plaintiff
is hereby awarded attorney’s fees in the amount of Two Thousand Four
Hundred and Five Dollars ($2,405.00), 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).
IT IS FURTHER ORDERED that the Commissioner shall inform
Plaintiff’s counsel whether the Plaintiff owes a debt to the Government by
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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: February 24, 2014
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