Tucker v. Colvin

Filing 18

ORDER granting 15 Motion for Attorney Fees under EAJA. Signed by District Judge Martin Reidinger on 10/22/15. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00024-MR-DLH

THOMAS TUCKER,

)
)
Plaintiff,
)
)
vs.
)
)
CAROLYN W. COLVIN, Acting
)
Commissioner of Social Security,
)
)
Defendant.
)
___________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for
Attorney’s Fees under the Equal Access to Justice Act. [Doc. 15]. The
Commissioner does not oppose the Plaintiff’s request for an award of fees
and costs. [Doc. 17].
The Plaintiff seeks an award in the amount of $5,053.24 in attorney’s
fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). [Doc.
15]. As noted above, the Commissioner does not contest the Plaintiff’s
request for fees. In light of the Court’s prior remand of this matter, and in the
absence of any contention by the Commissioner that his 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 Court further
concludes that, in light of the Commissioner’s lack of opposition to the
Plaintiff’s request, the Plaintiff is entitled to reimbursement from the Treasury
Judgment Fund of the $420.07 for expenses and costs incurred as a result
of this action.
The parties request that the EAJA award be paid directly to the
Plaintiff’s counsel as his assignee. In support of this request, the parties
have submitted a copy of his fee assignment to counsel. [Doc. 15-1]. 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. 586, 589 (2010).
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for
Attorney’s Fees under the Equal Access to Justice Act [Doc. 15] is hereby
GRANTED, and the Plaintiff is hereby awarded attorney’s fees in the amount
of Five Thousand Fifty Three Dollars and Twenty-Four Cents ($5,053.24),
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).
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IT IS FURTHER ORDERED that Four Hundred Twenty Dollars and
Seven Cents ($420.07) in costs shall be reimbursed to the Plaintiff from the
Treasury Judgment Fund upon certification thereof by the Office of the
United States Attorney to the Department of Treasury.
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 thirty (30) 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 22, 2015

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