Mote v. Colvin

Filing 20

ORDER granting Plaintiff's 19 Motion for Attorney Fees. The Plaintiff is hereby awarded attorney's fees in the amount of $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). Signed by Senior Judge Graham Mullen on 7/12/2016. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
Case Number 1:15-CV-0096-GCM

Brian D. Mote,
Social Security #2429
Plaintiff
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v.
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CAROLYN W. COLVIN,
Commissioner of Social Security
Defendant

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ORDER

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THIS MATTER is before the Court on the parties Consent Motion for Attorney Fees under the
Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A). [Doc. 19].
The parties advise the Court that they have stipulated and agreed to an award to Plaintiff of
$5,000.00 for full settlement in satisfaction of any and all claims for attorney’s fees pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412(d) as well as reimbursement for filing fees [Doc. 19]. In light of
this Court’s judgment for plaintiff in this cause, 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 parties request that the EAJA award be paid directly to Plaintiff’s counsel as his assignee if
plaintiff does not otherwise owe a federal debt. In support of this request, plaintiff’s counsel has submitted
plaintiff’s assignment of EAJA fees to his attorney. [Attachment to Doc. 19]. 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, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010).
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for Attorney Fees under the Equal
Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) [Doc. 19] is hereby GRANTED, and the Plaintiff is
hereby awarded attorney’s fees in the amount of $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 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 Plaintiff shall be reimbursed for his filing fees of $400 in this
cause.
IT IS FURTHER ORDERED that no additional Petition pursuant to 28 U.S.C. § 2412(d) may
be filed.
IT IS SO ORDERED.
Signed: July 12, 2016