Teesateskee v. Astrue

Filing 27

ORDER granting 22 Motion for Attorney EAJA Fees. Signed by Chief Judge Frank D. Whitney on 08/13/2014. (klb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL ACTION NO. 2:13-CV-00006-FDW
MYRA CURTIS TEESATESKEE,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on Plaintiff’s Motion for Attorneys’ Fees (Doc. No.
22), and Defendant’s Response to that motion, which is entitled “Consent Motion for Entry of an
Order Accepting the Parties’ Settlement Agreement on Attorney Fees.” (Doc. No. 26). For the
reasons stated in the consent motion contained in Defendant’s response (Doc. No. 26) and
subject to the stipulations stated therein, Plaintiff’s motion (Doc. No. 22) is GRANTED.
IT IS THEREFORE ORDERED that the payment of six thousand two hundred fifty
dollars ($6,250.00) to Plaintiff provides for full settlement in satisfaction of any and all claims
under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
With respect to Plaintiff’s assignment of EAJA fees to her attorney, the Commissioner
states and Plaintiff acknowledges that, pursuant to the United States Supreme Court’s ruling in
Astrue v. Ratliff, 130 S.Ct. 1251 (2010), these attorney fees are payable to Plaintiff as the
prevailing party, and are subject to offset through the Treasury Department’s Offset Program to
satisfy any pre-existing debt Plaintiff may owe to the government. If, subsequent to the entry of
this Order, the Commissioner determines that Plaintiff owes no debt to the government that

would subject this award of attorney fees to offset, the Commissioner may honor a signed
assignment of EAJA fees providing for payment of the subject fees to Plaintiff’s counsel, rather
than to Plaintiff. If, however, Plaintiff is discovered to owe the government any debt subject to
offset, the Commissioner shall pay any attorney’s fees remaining after such offset to Plaintiff
rather than to counsel. However, in this instance any remaining fees made payable to Plaintiff
shall be sent to her counsel.
IT IS SO ORDERED.
Signed: August 13, 2014

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