Dillingham v. Colvin

Filing 24

ORDER granting 23 Consent Application for Attorney Fees Under the Equal Access to Justice Act. Signed by Magistrate Judge David Keesler on 6/10/2016. (kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:14-CV-210-RLV-DCK
ROSA P. DILLINGHAM,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on the “Consent Amended Application For
Attorney Fees Under The Equal Access To Justice Act” (Document No. 23) filed May 27, 2016.
This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b),
and immediate review is appropriate. Having carefully considered the motion, the record, and
noting consent of the parties, the undersigned will grant the motion.
IT IS, THEREFORE, ORDERED that the “Consent Amended Application For Attorney
Fees Under The Equal Access To Justice Act” (Document No. 23) is GRANTED.
The Social Security Administration shall pay attorney’s fees in the amount of seven
thousand dollars ($7,000.00), in full satisfaction of any and all attorney’s fee claims Plaintiff may
have in this case under the EAJA. Pursuant to the United States Supreme Court’s ruling in Astrue
v. Ratliff, 130 S. Ct. 2521 (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 the Court’s
EAJA 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

March 7, 2016 signed “Assignment Of Equal Access To Justice Act Attorney Fees” providing for
payment of the subject fees to Plaintiff’s counsel, rather than to Plaintiff. If, however, the
Commissioner discovers that Plaintiff owes 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.
SO ORDERED.
Signed: June 10, 2016

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