Frye v. Astrue

Filing 18

ORDER granting 17 Motion for Attorney Fees. Signed by Magistrate Judge David Keesler on 7/11/2013. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:12-CV-649-FDW-DCK
LEONARD FRYE,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on Defendant’s “Consent Motion For
Order Accepting The Parties’ Settlement Agreement On Attorney Fees And Costs” (Document
No. 17) filed July 10, 2013. This motion has been referred to the undersigned Magistrate Judge
pursuant to 28 U.S.C. §636(b)(1)(B), and immediate review is appropriate. Having carefully
considered the motion and record, and applicable authority, and noting consent of Plaintiff’s
counsel, the undersigned will grant the motion.
IT IS, THEREFORE, ORDERED that the “Consent Motion For Order Accepting The
Parties’ Settlement Agreement On Attorney Fees And Costs” (Document No. 17) is hereby
GRANTED.
IT IS FURTHER ORDERED that the United States Social Security Administration shall
pay attorney’s fees in the amount of six thousand five hundred dollars ($6,500.00) in full satisfaction
of any and all attorney’s fee claims Plaintiff may have in this case under EAJA. Pursuant to the
United States Supreme Court’s ruling in Astrue v. Ratliff, 130 S. Ct. 2521 (2010), these attorney’s
fees are payable to Plaintiff as the prevailing party, and are subject to offset through the Treasury
Department’s Offset Program to satisfy any pre-existing debt Plaintiff may owe to the government.

SO ORDERED.

Signed: July 11, 2013

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