Odoms v. Colvin
Filing
17
ORDER granting 16 Motion for Attorney Fees under EAJA. Signed by District Judge Max O. Cogburn, Jr. on 8/12/16. (ejb)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:15-cv-00252-MOC
MONICA R. ODOMS,
)
)
)
)
)
)
)
)
)
)
Plaintiff,
Vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
ORDER
THIS MATTER is before the court on Plaintiff’s Petition for Attorney Fees Under the
Equal Access to Justice Act (#16), which indicates that Defendant consents to the relief
requested. Pursuant to the power of this court to award fees to a prevailing party, other than the
United States, incurred by that party in a civil action against the United States, including
proceedings for judicial review of agency action, under the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412(d)(1)(A), and in light of this court’s Order (#14) and Judgment (#15) granting
Plaintiff’s Motion for Summary Judgment (#9) and remanding this case to Defendant for further
proceedings, and it further appearing that such petition reflects agreement from Defendant as to
the fee amount,
ORDER
IT IS HEREBY ORDERED that Plaintiff’s Consent Motion for Attorney Fees Pursuant
to EAJA (#16) is GRANTED, the United States Social Security Administration shall pay
attorney’s fees in the amount of $4,440.00, in full satisfaction of any and all attorney’s fee claims
Plaintiff may have in this case under EAJA. Pursuant to the United States Supreme Court’s
-1-
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 fees to offset, the Commissioner may
honor plaintiff’s signed assignment of EAJA 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 fees
remaining after such offset to plaintiff, rather than to counsel.
Signed: August 12, 2016
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?