Brown v. Colvin

Filing 19

ORDER granting 17 Consent MOTION for Attorney Fees Under The Equal Access To Justice Act 28 U.S.C. § 2412(D)(1)(A). Signed by Chief Judge Frank D. Whitney on 7/8/2014. (eef)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:13-CV-00393-FDW DEBORAH M. BROWN, Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court upon the parties’ Consent Motion for Attorney Fees. (Doc. No. 17). For the reasons that follow, the motion is GRANTED. 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, 28 U.S.C. § 2412(d)(1)(A), and in light of this Court’s April 25, 2015, Order remanding this case to the Defendant Acting Commissioner for further administrative proceedings. IT IS HEREBY ORDERED that the Court will award attorney fees in the amount of five thousand eight hundred fifteen dollars and eighty cents ($5,815.80), provided, however, that 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 1 awarded fees directly to Plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed. IT IS SO ORDERED. Signed: July 8, 2014 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?