Dixon v. Colvin
ORDER granting 12 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 01/08/2018. (brl)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL CASE NO. 3:16-cv-00254-MR
ERIC M. DIXON,
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
THIS MATTER is before the Court on the Plaintiff’s Consent Motion for
Fees and Costs Pursuant to the Equal Access to Justice Act 28 U.S.C. §
2412(d)(1)(A) [Doc. 12].
The Plaintiff moves the Court for an award of $4,757.20 in full
satisfaction of any and all claims for attorney’s fees pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412(d) (“EAJA”).
Commissioner consents to the Plaintiff’s Motion. [Id.]. In light of the Court’s
prior remand of this matter, and in the absence of any contention by the
Commissioner that her position was substantially justified or that special
circumstances exist that would render an award of attorney’s fees unjust, the
Court concludes that the Plaintiff is entitled to an award of attorney’s fees
under the EAJA.
The Court further concludes that, in light of the
Commissioner’s lack of opposition to the Plaintiff’s request, the Plaintiff is
entitled to reimbursement from the Treasury Judgment Fund of the $420.31
in costs incurred as a result of filing and prosecuting this action.
The Plaintiff requests that the EAJA award be paid directly to Plaintiff’s
counsel as his assignee.
In support of this request, the Plaintiff has
submitted a copy of his Assignment of EAJA Fees to counsel. [Doc. 12-1].
The Court finds that the Commissioner should accept this assignment of the
awarded fees by the Plaintiff to his attorney and upon receipt of such
assignment, the Commissioner will pay that award of fees directly to
Plaintiff’s counsel, provided that it is shown that as of the date of this Order,
the Plaintiff does not owe any debt to the United States Government which
is subject to offset. See Astrue v. Ratliff, 560 U.S. 586, 589 (2010).
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion [Doc. 12] is
hereby GRANTED, and the Plaintiff is hereby awarded attorney’s fees in the
amount of Four Thousand Seven Hundred Fifty-Seven Dollars and Twenty
Cents ($4,757.20), which sum is in full satisfaction of any and all claims by
the Plaintiff in this case pursuant to 28 U.S.C. § 2412(d).
IT IS FURTHER ORDERED that the Commissioner shall inform
Plaintiff’s counsel whether the Plaintiff owes a debt to the Government by
which this fee award may be offset no later than thirty (30) days from entry
of this Order. Within the same time period, the Plaintiff shall provide a valid
fee assignment to the Defendant.
IT IS FURTHER ORDERED that Four Hundred Twenty Dollars and
Thirty-One Cents ($420.31) in costs shall be reimbursed to the Plaintiff from
the Treasury Judgment Fund upon certification thereof by the Office of the
United States Attorney to the Department of Treasury.
IT IS FURTHER ORDERED that in the event that past-due benefits are
awarded on remand, the Plaintiff shall have thirty (30) days after being
served with notice of the past-due benefits award to file for an award of fees
pursuant to the Social Security Act, 42 U.S.C. § 406(b).
IT IS FURTHER ORDERED that no additional Petition pursuant to 28
U.S.C. § 2412(d) may be filed.
IT IS SO ORDERED.
Signed: January 8, 2018
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