Rogers v. Astrue

Filing 20

ORDER granting 18 Joint Motion for Attorney Fees, as amended 19 . Signed by District Judge Martin Reidinger on 9/22/12. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:11cv58

JOYCE A. ROGERS,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on the parties’ Joint Motion for
Attorney Fees [Doc. 18], as amended [Doc. 19].
The parties move the Court to approve an award of fees to Plaintiff’s
counsel in the amount of $4,934.25 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).
The Court finds that the Commissioner should accept an assignment of
the awarded fees by the Plaintiff to her 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 parties’ Joint Motion for
Attorney Fees [Doc. 18], as amended [Doc. 19], is hereby GRANTED, and the
Plaintiff is hereby awarded attorney’s fees in the amount of Four Thousand
Nine Hundred Thirty-Four Dollars and Twenty-Five Cents ($4,934.25), 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: September 22, 2012

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