Grindstaff v. Colvin
Filing
23
ORDER granting 20 Plaintiff's Motion for Attorney Fees under the Equal Access to Justice Act. Signed by District Judge Robert J. Conrad, Jr on 6/24/2016. (khm)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:14-cv-00302-RJC
MICHELLE GRINDSTAFF,
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Plaintiff,
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v.
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CAROLYN W. COLVIN,
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Acting Commissioner of Social Security, )
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Defendant.
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ORDER
THIS MATTER comes before the Court on Plaintiff’s Motion for Attorney’s Fees under
the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, filed on June 1, 2016. (Doc. No.
20). Defendant has responded that she has no objection to the requested fees. (Doc. No. 22).
Having reviewed the Motion, supporting materials, memorandum in support, and the case file, the
Court determines that Plaintiff should be awarded attorney’s fees under EAJA, 28 U.S.C. §
2412(d), in the amount of $3,676.88.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorney’s Fees, (Doc. No.
20), is GRANTED. The Court will award attorney’s fees in the amount of $3,676.88, and pursuant
to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. 586 (2010), the fee award will first be subject to offset
of any debt Plaintiff may owe to the United States. The Commissioner will determine whether
Plaintiff owes a debt to the United States. If so, that debt will be satisfied first, and if any funds
remain, they will be made payable to Plaintiff and mailed to Plaintiff’s counsel. If the United
States Department of the Treasury reports to the Commissioner that the Plaintiff does not owe any
debt, the Government will exercise its discretion and honor an assignment of EAJA fees, and pay
those fees directly to Plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. § 2412(d)
shall be filed.
Signed: June 24, 2016
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