Jackson v. Colvin

Filing 53

ORDER granting 51 Motion for Attorney Fees. Signed by District Judge Robert J. Conrad, Jr on 12/19/16. (ssh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:09-cv-00193-RJC
SYLVIA JACKSON,

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

ORDER

THIS MATTER comes before the Court on Plaintiff’s Motion for Attorneys’ Fees
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, filed on November 14,
2016. (Doc. No. 51). 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. (Id.).
Having reviewed the Motion, supporting exhibits, 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
$5,269.60.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorneys’ Fees, (Doc.
No. 51), is GRANTED. The Court will award attorneys’ fees in the amount of $5,269.60, and
pursuant to Astrue 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.
Signed: December 19, 2016