Reynolds v. Colvin

Filing 19

ORDER granting 17 Motion for Attorney Fees. Pla is awarded attorney's fees in the amount of $6,147.43. Signed by District Judge Robert J. Conrad, Jr on 02/04/2015. (klb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-154-RJC
MELISSA M. REYNOLDS,

)
)
Plaintiff,
)
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v.
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)
CAROLYN W. COLVIN,
)
Acting Commissioner of
)
Social Security Administration,
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Defendant.
)
__________________________________________ )

ORDER

THIS MATTER comes before the Court on Plaintiff’s Motion for Attorney Fees under
the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) (Doc. No. 17). The Defendant
consents to the Plaintiff’s Motion (Doc. No. 18).
The parties have stipulated and agreed to the award to Plaintiff of $6,147.43 for full
settlement in satisfaction of any and all claims for attorney’s fees pursuant to the Equal Access
Justice Act (Docs. No. 17-18). In light of this 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 Commissioner will pay the 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, 130 S.Ct. 2521 (2010).

IT IS, THEREFORE, ORDERED that:
1. The Plaintiff’s Motion for Attorney Fees under the Equal Access to Justice Act (Doc.
No. 17) is hereby GRANTED, and the Plaintiff is hereby awarded attorney’s fees in
the amount of Six Thousand One Hundred and Forty-Seven Dollars and Forty-three
Cents ($6,147.43), which sum is in full satisfaction of any and all claims the Plaintiff
in this case pursuant to 28 U.S.C. § 2412(d).
2. 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.
3. In the event that past-due benefits are awarded on remand, the Plaintiff shall have
thirty (30) day 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).
4. No additional Petition pursuant to 28 U.S.C. § 2412(d) may be filed.

Signed: February 4, 2015