Teague v. Astrue

Filing 24

ORDER granting 22 Consent Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 4/23/2012. (bsw)

Download PDF
THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION ANN KISTLER TEAGUE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) Civil Action No. 3:11-CV-340-FDW-DSC ORDER THIS MATTER IS BEFORE THE COURT on the “Consent Motion For Entry Of Order Accepting The Parties’ Settlement Agreement On Attorney’s Fees” (document #22) filed on April 16, 2012. The parties agree in this case that Plaintiff should be awarded an attorney’s fee under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $4,376.86. IT IS ORDERED that the Consent Motion For Entry Of Order Accepting The Parties’ Settlement Agreement On Attorney’s Fees is GRANTED, to the extent that the Court will award attorney’s fees in the amount of $4,376.86, and that pursuant to Comm’r of Soc. Sec. v. Ratliff, ---- U.S. ----, 130 S.Ct. 2521 (2010), the fee award will first be subject to offset of any debt Plaintiff may owe to the United States. The Commissioner will determine within thirty (30) days of this Order whether Plaintiff owes a debt to the United States. If so, the 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 a federal debt, the Government will exercise its discretion and honor the Plaintiff’s July 11, 2011 assignment of EAJA fees, and pay the fees awarded directly to Plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed. SO ORDERED. Signed: April 23, 2012

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?