Timmons v. Astrue

Filing 20

ORDER granting 18 Motion for Attorney Fees Under The Equal Access To Justice Act 28 U.S.C. § 2412(D)(1)(A). Signed by Magistrate Judge David Keesler on 12/3/2013. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO.: 3:12-CV-609-GCM-DCK

LOIS E. TIMMONS,

)
)
Plaintiff,
)
)
v.
)
)
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CAROLYN W. COLVIN,
)
COMMISSIONER OF SOCIAL )
SECURITY,
)
)
DEFENDANT.
)
______________________________)

ORDER

THIS MATTER IS BEFORE THE COURT on the Plaintiff’s “Motion For
Fees Under The Equal Access To Justice Act 28 U.S.C. § 2412(d)(1)(A)” (Document No. 18)
filed on December 3, 2013.

This motion has been referred to the undersigned Magistrate Judge

pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate.

Having carefully

considered the motion, the record, and noting consent of Defendant’s counsel, the undersigned
will grant the motion. 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 $4,000.00.
IT IS, THEREFORE, ORDERED that the Plaintiff’s “Motion For Fees Under The
Equal Access To Justice Act 28 U.S.C. § 2412(d)(1)(A)” (Document No. 18) is GRANTED, to
the extent that the Court will award attorney fees in the amount of $4,000.00, and that pursuant

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule
25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted for Michael J. Astrue as the
defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section
205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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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 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 an assignment of EAJA fees, and pay the awarded fees directly to Plaintiff’s
counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
SO ORDERED.
Signed: December 3, 2013

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