Romesberg v. Astrue

Filing 20

ORDER granting 19 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 02/05/13. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:12cv17

MICHAEL ROMESBERG,

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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 Plaintiff’s Petition for
Attorney’s Fees under the Equal Access to Justice Act, 28 U.S.C. §2412
[Doc. 19]. The Defendant consents to the Petition and the amount sought.
The parties agree that the appropriate award of attorney’s fees is the
amount of Three Thousand Nine Hundred Seventy-Four Dollars and
Eighty-One Cents ($3,974.81) 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. [Doc. 19-3]. The

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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). Finally, although the cost of the filing fee may be
reimbursed, such reimbursement must be from the Judgment Fund upon
certification thereof by the Office of the United States Attorney to the
Department of Treasury.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Petition for
Attorney’s Fees under the Equal Access to Justice Act, 28 U.S.C. §2412
[Doc. 19] is hereby GRANTED and the Plaintiff is hereby awarded
attorney’s fees in the amount of Three Thousand Nine Hundred Seventy-

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Four Dollars and Eighty-One Cents ($3,974.81) 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 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.
IT IS FURTHER ORDERED that Three Hundred Fifty Dollars and No
Cents ($350.00) for the cost of filing fees are to be reimbursed to the
Plaintiff from the Judgment Fund upon certification thereof by the Office of
the United States Attorney to the Department of Treasury.

Signed: February 5, 2013

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