Massey v. Berryhill
Filing
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ORDER granting 18 Motion for Attorney Fees; granting 19 Motion for Attorney Fees. Signed by District Judge Martin Reidinger on 7/1/2019. (mek)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:17-cv-00689-MR
TERRY ANDERSON MASSEY,
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Plaintiff,
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vs.
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ANDREW SAUL,
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Commissioner of Social Security,
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Defendant.
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___________________________________ )
ORDER
THIS MATTER is before the Court on the Plaintiff’s Consent Motion for
Payment of Attorney Fees under the Equal Access to Justice Act [Doc. 18],
as supplemented [Doc. 19].
The Plaintiff seeks an award of attorneys’ fees in full satisfaction of any
and all claims by the Plaintiff in this case pursuant to the Equal Access to
Justice Act, 28 U.S.C. § 2412 (“EAJA”). [Docs. 18, 19]. The Defendant
consents to an award of $3,450.00. [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 Plaintiff requests that the EAJA award be paid directly to Plaintiff’s
counsel as the Plaintiff’s assignee. In support of this request, the Plaintiff
has submitted a fee agreement executed by the Plaintiff, pursuant to which
the Plaintiff has agreed to assign any EAJA fee award in favor of counsel.
[Doc. 19-1]. The Court finds that the Commissioner should accept this
assignment of the awarded fees by the Plaintiff to counsel 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 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 (2010).
IT IS, THEREFORE, ORDERED that:
(1)
The Plaintiff’s Motion [Doc. 18], as supplemented [Doc. 19], is
hereby GRANTED, and the Plaintiff is hereby awarded attorney’s
fees in the amount of Three Thousand Four Hundred Fifty Dollars
($3,450.00), 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);
(2)
Within thirty (30) days of the entry of this Order, or some other
time as determined by the Court upon good cause shown, the
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Commissioner shall inform Plaintiff’s counsel whether the
Plaintiff owes a debt to the Government by which this fee award
may be offset. Before any funds are disbursed to counsel, the
Plaintiff’s counsel shall provide a valid fee assignment to the
Defendant;
(3)
In the event that past-due benefits are awarded on remand, the
Plaintiff shall have sixty (60) 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); and
(4)
No additional Petition pursuant to 28 U.S.C. § 2412(d) may be
filed.
IT IS SO ORDERED.
Signed: July 1, 2019
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