Porter v. Colvin

Filing 15

ORDER granting 14 Motion for Attorney Fees Under the Equal Access to Justice Act. Signed by District Judge Robert J. Conrad, Jr on 12/9/2015. (khm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:14-cv-00042-RJC
VIRGINIA N. PORTER,

)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
)
Defendant.
)
)

ORDER

THIS MATTER comes before the Court on Plaintiff’s Consent Motion for Attorneys’
Fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, filed on
November 12, 2015. (Doc. No. 14). Plaintiff indicates that Defendant has consented to this
Motion, and Defendant has not objected to the requested fees and the time for doing so has
expired. Having reviewed the Motion, supporting materials, and the case file, the Court
determines that Plaintiff should be awarded attorneys’ fees under EAJA, 28 U.S.C. § 2412(d), in
the amount of $5,000.00, court costs in the amount of $400.00, and mailing expenses in the
amount of $20.07.
IT IS, THEREFORE, ORDERED that Plaintiff’s Consent Motion for Attorneys’ Fees,
(Doc. No. 14), is GRANTED. The Court will award attorneys’ fees in the amount of $5,000.00,
court costs in the amount of $400.00, and mailing expenses in the amount of $20.07, and
pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. 586 (2010), the fee award will first be
subject to offset of any debt Plaintiff may owe to the United States. The Commissioner will
determine whether Plaintiff owes a debt to the United States. If so, that debt will be satisfied
first, and if any funds remain, they will be made payable to Plaintiff and mailed to Plaintiff’s

counsel. If the United States Department of the Treasury reports to the Commissioner that the
Plaintiff does not owe any debt, the Government will exercise its discretion and honor an
assignment of EAJA fees, and pay those fees directly to Plaintiff’s counsel. No additional
petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
EAJA allows compensation for costs, including court filing costs; however, such costs
are to be paid out of the Department of Treasury’s Judgment Fund while fees and expenses are to
be paid by the defendant agency. See 28 U.S.C. §§ 1920, 2412. Therefore, the court costs of
$400 shall be paid out of the Department of Treasury’s Judgment Fund as a cost, and the
attorney’s fees and mailing expenses shall be paid by the Social Security Administration.

Signed: December 9, 2015