Holcombe v. Commissioner of Social Security Administration
Filing
25
ORDER granting Deft's 23 Consent Motion for Entry of Order Accepting the Parties' Settlement Agreement on Attorney Fees. Signed by District Judge Martin Reidinger on 6/10/13. (ejb)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:12-cv-00022-MR-DLH
CLINT HOLCOMBE,
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Plaintiff,
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vs.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security,
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Defendant.
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___________________________________ )
ORDER
THIS MATTER is before the Court on the Defendant’s Consent
Motion for Entry of Order Accepting the Parties’ Settlement Agreement on
Attorney Fees [Doc. 23].
The Defendant advises the Court that the parties have stipulated and
agreed to the award to Plaintiff of $6,150.93 for full settlement in
satisfaction of any and all claims for attorney’s fees pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412(d). [Doc. 23]. In light of the
Court’s prior remand of this matter, and in the absence of any contention by
the Commissioner that her position was substantially justified or that
special circumstances exist that would render an award of attorney’s fees
unjust, the Court concludes that the Plaintiff is entitled to an award of
attorney’s fees under the EAJA. The Court further concludes that, in light
of the Commissioner’s lack of opposition to the Plaintiff’s request, the
Plaintiff is entitled to reimbursement from the Treasury Judgment Fund of
the $350.00 in costs incurred as a result of filing this action.
The parties request that the EAJA award be paid directly to Plaintiff’s
counsel as his assignee.
In support of this request, the parties have
submitted a copy of his Fee Agreement with counsel, which purports to
assign such fees. [Doc. 24 at 5]. The Court finds that the Commissioner
should accept this 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 Defendant’s Consent
Motion for Entry of Order Accepting the Parties’ Settlement Agreement on
Attorney Fees [Doc. 23] is hereby GRANTED, and the Plaintiff is hereby
awarded attorney’s fees in the amount of Six Thousand One Hundred and
Fifty Dollars and Ninety-Three Cents ($6,150.93), which sum is in full
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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 a valid
fee assignment to the Defendant.
IT IS FURTHER ORDERED that Three Hundred and Fifty Dollars
($350.00) in costs shall be reimbursed to the Plaintiff from the Treasury
Judgment Fund upon certification thereof by the Office of the United States
Attorney to the Department of Treasury.
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.
Signed: June 10, 2013
IT IS SO ORDERED.
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