Smith v. Commissioner of Social Security

Filing 23

ORDER granting 18 Motion for Attorney Fees under the Equal Access to Justice Act. Signed by Chief Judge Martin Reidinger on 2/5/2024. (slm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:22-cv-00135-MR-WCM

JEFFREY SCOTT SMITH,

)
)
Plaintiff,
)
)
vs.
)
)
MARTIN O’MALLEY,
)
Commissioner of Social Security,
)
)
Defendant.
)
___________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for Payment
of Attorney Fees [Doc. 18].
The Plaintiff seeks an award of attorney’s fees in full satisfaction of any
and all claims by the Plaintiff in this case pursuant to the Equal Access to
Justice Act, 28 U.S.C. § 2412 (“EAJA”).

[Doc. 18].

The parties have

stipulated to an award of $6,000.00. [Doc. 22]. In light of the Court’s prior
remand of this matter, 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 Plaintiff requests that the EAJA award be paid directly to Plaintiff’s
counsel as the Plaintiff’s assignee. In support of this request, the Plaintiff
has submitted a fee agreement executed by the Plaintiff, pursuant to which
the Plaintiff has agreed to assign any EAJA fee award in favor of counsel.
[Doc. 19].

The Court finds that the Commissioner should accept this

assignment of the awarded fees by the Plaintiff to counsel 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 the Plaintiff does not owe
any debt to the United States Government which is subject to offset. See
Astrue v. Ratliff, 560 U.S. 286 (2010).
IT IS, THEREFORE, ORDERED that:
(1)

The Plaintiff’s Motion [Doc. 18] is hereby GRANTED, and the
Plaintiff is hereby awarded attorney’s fees in the amount of Six
Thousand Dollars ($6,000.00), 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);

(2)

Within thirty (30) days of the entry of this Order, or some other
time as determined by the Court upon good cause shown, the
Commissioner shall inform Plaintiff’s counsel whether the
Plaintiff owes a debt to the Government by which this fee award
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may be offset. Before any funds are disbursed to counsel, the
Plaintiff’s counsel shall provide a valid fee assignment to the
Defendant;
3)

In the event that past-due benefits are awarded on remand, the
Plaintiff shall have sixty (60) 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); and

(4)

No additional Petition pursuant to 28 U.S.C. § 2412(d) may be
filed.

IT IS SO ORDERED.
Signed: February 5, 2024

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