Green v. Colvin

Filing 15

ORDER granting 14 Motion for Attorney Fees. Signed by Chief Judge Frank D. Whitney on 5/4/2015. (nv)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 1:14-cv-00173-FDW
CARLTON L. GREEN,
Plaintiff,
vs.
CAROLYN COLVIN,
Acting Commissioner of Social Security
Defendant.

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ORDER

THIS MATTER is before the Court on the parties’ Consent Motion for Attorney Fees.
(Doc. No. 14). For the reasons state herein, the motion is GRANTED.
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 (“EAJA”), 28 U.S.C. §
2412(d)(1)(A), and in light of this Court’s January 28, 2015 Order remanding this case to the
Defendant Commissioner for further administrative proceedings, it is HEREBY ORDERED that
the Court will award attorney’s fees in the amount of six thousand two hundred and sixty-five
dollars and -five cents ($6,265.05) in full satisfaction of any and all claims Plaintiff may have in
this case under the Equal Access to Justice Act. No additional petition pursuant to 28 U.S.C. §
2412(d) shall be filed.
Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 130 S.Ct. 1251
(2010), these attorney’s 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 Plaintiff’s assignment of EAJA fees, providing for payment
of the subject fees to Plaintiff’s 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. Should this occur, any remaining
fees made payable to Plaintiff shall be sent to his counsel.
IT IS SO ORDERED.

Signed: May 4, 2015