Teeter v. Astrue
ORDER granting 22 Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 2/26/2013. (blf)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
JACQUELINE D. TEETER,
MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL
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.
Signed: February 26, 2013
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