Rogers v. Commissioner of Social Security Administration

Filing 19

ORDER granting 16 Motion for Attorney Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. Section 2412. Signed by District Judge Martin Reidinger on 6/1/12. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:11cv39

JASON B. ROGERS,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for Attorney’s
Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412 [Doc. 16].
The Defendant has filed Response to Plaintiff’s Motion for Attorney Fees
[Doc. 17].
In the Response, it is disclosed that the parties have agreed on a final
amount of attorney’s fees. The Court has also been advised by Plaintiff’s
counsel that the parties have so agreed. The parties therefore agree that the
appropriate award of attorney’s fees is the amount of Seven Thousand Two
Hundred Dollars and No Cents ($7,200.00) in full satisfaction of any and all
claims by the Plaintiff in this case pursuant to the Equal Access to Justice Act

(EAJA), 28 U.S.C. §2412(d). The Plaintiff has filed an assignment of fees in
which he assigns any such award directly to counsel.1 [Doc. 16-2]. The Court
finds that the Commissioner should accept the assignment of the awarded
fees by the Plaintiff to his attorney and shall pay that award of fees directly to
Plaintiff’s counsel; provided however, 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. Astrue v. Ratliff,

U.S.

, 130 S.Ct. 2521, 177

L.Ed.2d 91 (2010). In the event that the Plaintiff does, in fact, owe the United
States Government any debt subject to offset, the Commissioner shall pay
any attorney’s fees remaining after such offset to the Plaintiff instead of to his
attorney.
In addition, should counsel receive an attorney’s fee award pursuant to
the Social Security Act, he shall refund to the Plaintiff the smaller award. 42
U.S.C. §206(b)(2).
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for Attorney’s
Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412 [Doc. 16]
is hereby GRANTED and the Plaintiff is hereby awarded attorney’s fees in the
1

The assignment contains the name of a former partner of Howard
Olinsky who represents the Plaintiff. Mr. Olinsky has advised the Court
that upon the dissolution of the partnership, this case remained with him.
[Doc. 18].
2

amount of Seven Thousand Two Hundred Dollars and No Cents ($7,200.00)
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) and subject to the limitations set forth
herein.
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 that thirty (30) days from entry of
this Order. Provided that the Plaintiff does not owe any debt to the United
States Government which is subject to offset, the Commissioner shall honor
the Assignment of fees. In the event that the Plaintiff does, however, owe the
United States Government any debt subject to offset, the Commissioner shall
pay any attorney’s fees remaining after such offset to the Plaintiff instead of
to his attorney.
IT IS FURTHER ORDERED that no additional Petition pursuant to 28
U.S.C. §2412(d) may be filed.
Signed: June 1, 2012

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