Garland v. Commissioner of Social Security

Filing 18

ORDER granting 17 Consent Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 5/9/13. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:11cv49

LARRY DARREN GARLAND,
Plaintiff,
v.

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ORDER

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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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_________________________________)
THIS MATTER is before the Court on the parties’ Consent Motion for
Entry of Order Accepting the Parties’ Settlement Agreement on Attorney’s
Fees [Doc. 17].
The parties agree that the appropriate award of attorney’s fees is the
amount of Five Thousand Seven Hundred Fifty Dollars and No Cents
($5,750.00) 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 signed an Assignment of Fees in which he
assigns any such award directly to counsel. [Doc. 17 at 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 parties’ Consent Motion for
Entry of Order Accepting the Parties’ Settlement Agreement on Attorney’s
Fees [Doc. 17] is hereby GRANTED and the Plaintiff is hereby awarded
attorney’s fees in the amount of Five Thousand Seven Hundred Fifty
Dollars and No Cents ($5,750.00) 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.

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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. 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: May 9, 2013

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