Kelley v. Colvin
Filing
12
ORDER granting 10 Motion for Attorney Fees. Signed by District Judge Robert J. Conrad, Jr on 12/19/16. (emw)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16-cv-00234-RJC
JESSICA LEE KELLEY,
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Plaintiff,
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v.
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)
CAROLYN W. COLVIN,
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Acting Commissioner of
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Social Security Administration,
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Defendant.
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__________________________________________ )
ORDER
THIS MATTER comes before the Court on Plaintiff’s Motion for Attorneys’ Fees
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, filed on November 1,
2016. (Doc. No. 10). Plaintiff styles her motion as a consent motion but has not indicated that
Defendant has consented to this Motion other than through the title of the motion. Nonetheless,
Defendant has not objected to the requested fees and the time for doing so has expired. Having
reviewed the Motion, supporting exhibits, and the case file, the Court determines that Plaintiff
should be awarded attorneys’ fees under EAJA, 28 U.S.C. § 2412(d), in the amount of
$1,376.24.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorneys’ Fees, (Doc.
No. 10), is GRANTED. The Court will award attorneys’ fees in the amount of $1,376.24, and
pursuant to Astrue 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: December 19, 2016
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