Chesney v. Colvin

Filing 18

ORDER granting 17 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 2/24/2014. (blf)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
RICKEY H. CHESNEY,

)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
)
)
Defendant.
)

CIVIL NO. 3:13-CV-00240-MOC

ORDER
Pursuant to the power of this Court to award fees to a prevailing party, other than the
United States, incurred by that party in a civil action against the United States, including
proceedings for judicial review of agency action, under the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412(d)(1)(A), and in light of this Court’s November 27, 2013 Order and Judgment,
remanding this case to the defendant for further administrative proceedings,
IT IS HEREBY ORDERED that the joint Motion for Attorney Fees Under the Equal
Access to Justice Act (#17) is GRANTED, United States Social Security Administration shall
pay attorney’s fees in the amount of five thousand, two hundred and fifty eight dollars, and thirty
five cents ($5,258.35), 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. If, subsequent to the entry of the Court’s
EAJA Order, the Commissioner determines that Plaintiff owes no debt to the government that

would subject this award of attorney fees to offset, the Commissioner may honor Plaintiff’s
March 8, 2013 signed assignment of EAJA fees providing for payment of the subject fees to
Plaintiff’s counsel, rather than to Plaintiff.

If, however, the Commissioner discovers that

Plaintiff owes the government any debt subject to offset, the Commissioner shall pay any
attorney fees remaining after such offset to Plaintiff, rather than to counsel.