Wilson v. Colvin
Filing
13
ORDER granting 12 Motion for Attorney Fees. Signed by District Judge Robert J. Conrad, Jr on 11/23/15. (mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-00005-RJC
HERBERT JAMES WILSON,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.
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ORDER
THIS MATTER comes before the Court on Plaintiff’s Motion for Attorneys’ Fees and
Costs pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, filed on
September 4, 2015. (Doc. No. 12). Plaintiff indicates that Defendant has no objection to this
Motion, Defendant has not objected to the requested fees, and the time for doing so has expired.
(Doc. No. 12-3). Having reviewed the Motion, supporting materials, memorandum in support,
and the case file, the Court determines that Plaintiff should be awarded attorneys’ fees under
EAJA, 28 U.S.C. § 2412(d), in the amount of $5,321.58 and court costs of $400.00.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorneys’ Fees and
Costs, (Doc. No. 12), is GRANTED. The Court will award attorneys’ fees in the amount of
$5,321.58 and court costs in the amount of $400.00, and pursuant to Comm’r of Soc. Sec. v.
Ratliff, 560 U.S. 586 (2010), the fee award will first be subject to offset of any debt Plaintiff may
owe to the United States. The Commissioner will determine whether Plaintiff owes a debt to the
United States. If so, that 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 any debt, the Government
will exercise its discretion and honor an assignment of EAJA fees, and pay those fees directly to
Plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
EAJA allows compensation for costs, including court filing costs; however, such costs
are to be paid out of the Department of Treasury’s Judgment Fund while fees and expenses are to
be paid by the defendant agency. See 28 U.S.C. §§ 1920, 2412. Therefore, the court costs of
$400 shall be paid out of the Department of Treasury’s Judgment Fund as a cost, and the
attorney’s fees shall be paid by the Social Security Administration.
Signed: November 23, 2015
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