Kisselburg v. Colvin

Filing 17

ORDER granting 16 Motion for Attorney Fees Under EAJA. Signed by District Judge Richard Voorhees on 9/23/15. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL ACTION NO. 2:14-CV-48
LISA KISSELBURG,
Plaintiff,
v.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendants.

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ORDER

BEFORE THE COURT is Plaintiff’s “Motion for Award of Attorney’s Fees Under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d) - UNOPPOSED.” (Doc. 16). Motion
is unopposed and was approved by opposing counsel prior to submission. (Id. at 1).
Pursuant to the power of this Court to award fees to a prevailing party other than the United
States incurred by that party in a civil action against the United States, including proceedings for
judicial review of agency action, under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §
2412(d)(1)(A), and in light of this Court’s July 24, 2015 order remanding this case to the
Commissioner for further administrative proceedings IT IS HEREBY ORDERED that the Court
will award attorney’s fees in the amount of five thousand dollars ($5,171.26). No additional
petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 130 S. Ct. 1251
(2010), these attorney’s 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

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that Plaintiff owes no debt to the government that would subject this award of attorney’s fees to
offset, the Commissioner may honor Plaintiff’s August 2015 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 fee to Plaintiff’s counsel in accordance with the above
agreement.

Signed: September 23, 2015

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