Wilson v. Commissioner of Social Security

Filing 14

ORDER granting 13 Motion for Attorney Fees. Signed by Chief Judge Martin Reidinger on 2/7/2024. (hms)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:23-cv-00140-MR

JOSHUA WILSON,

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

ORDER

THIS MATTER is before the Court on the Plaintiff’s Petition for
Attorney Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412 [Doc.
13].
The Plaintiff seeks an award of attorney’s fees in the amount of
$2,700.00 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. 13]. The Commissioner consents to such an award. [Id.]. 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 and expenses under the EAJA.
The Plaintiff requests that the EAJA award be paid directly to the
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. 13-2]. 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 Petition [Doc. 13] is hereby GRANTED, and the
Plaintiff is hereby awarded attorney’s fees and expenses in the
amount of Two Thousand Seven Hundred Dollars ($2,700.00),
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
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Commissioner shall inform the Plaintiff’s counsel whether the
Plaintiff owes a debt to the Government by which this fee award
may be offset. Before any funds are disbursed to counsel, the
Plaintiff’s counsel shall provide a valid fee assignment to the
Commissioner;
(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 7, 2024

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