Mathews v. Astrue

Filing 23

ORDER granting 22 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 4/3/12. (nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:11cv22

DAVID MATHEWS,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
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. 22]. The
Defendant consents to the Plaintiff’s fee request. [See id. at 3].
The Plaintiff seeks an award to his counsel in the amount of $3,824.52
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(d). [Doc. 22].
The Court finds that the Commissioner should accept an 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,

U.S.

, 130 S.Ct. 2521, 177 L.Ed.2d 91

(2010).
IT IS, THEREFORE, ORDERED that the Plaintiff’s Petition for Attorney
Fees under the Equal Access to Justice Act 28 U.S.C. § 2412 [Doc. 22] is
hereby GRANTED, and the Plaintiff is hereby awarded attorney’s fees in the
amount of Three Thousand Eight Hundred Twenty-Four Dollars and Fifty-Two
Cents ($3,824.52), 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 the Commissioner shall inform
Plaintiff’s counsel whether the Plaintiff owes a debt to the Government by
which this fee award may be offset no later than thirty (30) days from entry of
this Order. Within the same time period, the Plaintiff shall provide any valid
fee assignment to the Defendant.
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 no additional Petition pursuant to 28
U.S.C. §2412(d) may be filed.

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IT IS SO ORDERED.
Signed: April 3, 2012

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