Phipps v. Colvin
Filing
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ORDER granting 13 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 4/7/2014. (chh)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13CV315
TANNA R. PHIPPS,
)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
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Defendant.
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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 January 6, 2014, Order and Judgment,
remanding this case to the defendant for further proceedings,
IT IS HEREBY ORDERED that the consented to Motion for Attorney Fees Under the
Equal Access to Justice Act (#13) is GRANTED, the United States Social Security
Administration shall pay attorney’s fees in the amount of FIVE THOUSAND ONE HUNDRED
and SIXTY THREE DOLLARS and SIXTY FOUR CENTS ($5,163.64), 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
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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 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.
Signed: April 7, 2014
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