Shook v. Colvin
Filing
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ORDER granting 17 Plantiff's Motion for Attorney Fees, and the Plaintiff is hereby awarded attorneys fees in the amount of $3,553.00, 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). Signed by District Judge Martin Reidinger on 08/03/2015. (thh)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00287-MR-DLH
DONNA SHOOK,
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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 Petition for
Attorney Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)
(EAJA) [Doc. 17].
The Plaintiff seeks an award in the amount of $3,553.00 in full
satisfaction of any and all claims by the Plaintiff in this case pursuant to
EAJA. The Defendant consents to the Plaintiff’s request. 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 her assignee.
In support of this request, the Plaintiff has
submitted a Fee Contract executed by the Plaintiff, pursuant to which the
Plaintiff has agreed to assign any EAJA fee award in favor of her counsel.
[Doc. 17-2]. The Court finds that the Commissioner should accept this
assignment of the awarded fees by the Plaintiff to her 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 Plaintiff’s Motion [Doc. 17] is
hereby GRANTED, and the Plaintiff is hereby awarded attorney’s fees in the
amount of Three Thousand Five Hundred Fifty-Three Dollars ($3,553.00),
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 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
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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.
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