Teeter v. Astrue

Filing 24

ORDER granting 22 Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 2/26/2013. (blf)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION JACQUELINE D. TEETER, PLAINTIFF, VS. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO.: 3:12-cv-190-GCM-DSC THIS MATTER IS BEFORE THE COURT on the Plaintiff’s Motion for Attorney’s Fees Under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A), filed on January 25, 2013. The parties agree in this case that Plaintiff should be awarded attorney’s fees in the amount of $6,369.12 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). IT IS ORDERED that the Plaintiff’s Motion for Attorney’s Fees Under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A), is GRANTED and the Court will award attorney’s fees in the amount of $6,369.12, and that pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 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 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 an assignment of EAJA fees, and pay the awarded fees directly to Plaintiff’s counsel. additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed. No SO ORDERED. Signed: February 26, 2013 2

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?