Volrath v. Colvin

Filing 27

ORDER denying as moot 24 Motion for Attorney Fees; granting 25 Motion for Attorney Fees in the amount of 5,000.00; Commissioner shall inform Plaintiff's counsel whether Plaintiff owes a debt to the Government with i n 30 days; in the event that past-due benefits are awarded on remand, the Plaintiff shall have sixty (60) days after being served with notice of the past-due benefits award to file for an award of fees. Signed by District Judge Martin Reidinger on 10/9/2015. (tmg)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00191-MR

MARK ALAN VOLRATH,

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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 [Doc. 24] and the parties’ Consent Motion [Doc. 25].
In his original motion, the Plaintiff sought an award in the amount of
$5,800.00 in full satisfaction of any and all claims by the Plaintiff in this case
pursuant to EAJA. [Doc. 24]. Subsequent to the filing of that motion, the
parties filed a consent motion indicating that they have agreed upon an
award of $5,000.00 in fees to the Plaintiff. [Doc. 25]. 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 Plaintiff’s
counsel as his assignee.

In support of this request, the Plaintiff has

submitted an assignment executed by the Plaintiff, pursuant to which the
Plaintiff has agreed to assign any EAJA fee award in favor of her counsel.
[Doc. 24-2]. 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 parties’ Consent Motion [Doc.
25] is hereby GRANTED, and the Plaintiff is hereby awarded attorney’s fees
in the amount of Five Thousand Dollars ($5,000.00), 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 Plaintiff’s Motion for Attorney
Fees [Doc. 24] is DENIED AS MOOT.
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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 sixty (60) 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: October 9, 2015

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