Guinn v. Colvin

Filing 29

ORDER granting 26 Motion for Attorney Fees under EAJA. Signed by District Judge Richard Voorhees on 5/9/2016. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:14-CV-00182-RLV-DCK
CARLA GUINN,
Plaintiffs,
v.
CAROLYN W. COLVIN,
Defendants.

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ORDER

BEFORE THE COURT is Plaintiff’s “Motion for Attorney Attorney’s Fees under the
Equal Access to Justice Act.” (Doc. 26). Plaintiff sought attorney’s fees, costs, and expenses in
the amount of $6,498.13. Id. Subsequent to the filing of the motion, Plaintiff and Defendant
agreed that a fee of $5,300.00 was warranted and have requested that this Court approve the EAJA
fee in said amount. (Doc. 28).
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 April 23, 2016 order remanding this case to the
Commissioner for further administrative proceedings IT IS HEREBY ORDERED that the Court
will award attorney’s fees in the amount of $5,300.00. 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 July 2014 signed 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 remaining attorney’s fee to Plaintiff’s counsel in accordance with the
above agreement.

Signed: May 9, 2016