Brown v. Colvin
Filing
28
ORDER granting 26 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 10/9/2015. (chh)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-00572-MOC
OPAL SHAWONA BROWN,
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Plaintiff,
Vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
ORDER
THIS MATTER is before the court on Plaintiff’s Motion for Attorney Fees Pursuant to
Equal Access to Justice Act (#26). 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 August 31, 2015, Order and
Judgment, remanding this case to the defendant for further proceedings, and it further appearing
that such petition reflects that counsel for the Commissioner consents to the requested fee,
IT IS HEREBY ORDERED that the consented-to Plaintiff’s Motion for Attorney Fees
Pursuant to Equal Access to Justice Act (#26) is GRANTED, the United States Social Security
Administration shall pay attorney’s fees in the amount of Four Thousand, Nine Hundred and
Ninety-Eight Dollars and Sixty Cents ($4,998.60), 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
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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 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: October 9, 2015
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