Messer v. Social Security Administration, Commissioner

Filing 20

ORDER granting 18 Plf's Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 1/17/13. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
DEBORAH E. MESSER,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant

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CIVIL NO. 5:11-CV-88

ORDER

THIS MATTER IS BEFORE THE COURT on the Plaintiff’s Application for an
Award of Fees and Expenses under the Equal Access to Justice Act filed on January 8, 2013.
By Response dated January 17, 2013, the Defendant advises that he does not oppose an award of
legal fees in the amount of $1592.50 provided this is the only petition filed by Plaintiff in this
case under 28 U.S.C. §2412(d).
IT IS ORDERED that “Plaintiff’s Application for an Award of Fees and Expenses under
the Equal Access to Justice Act” (Docket no. 18) is GRANTED, to the extent that the Court will
award attorney fees in the amount of $1592.50, and that, pursuant to Comm’r of Soc. Sec. v.
Ratliff, ---- U.S. ----, 130 S.Ct. 2521 (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, 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 awarded fees directly to Plaintiff’s counsel.
U.S.C. §2412(d) shall be filed.

No additional petition pursuant to 28

SO ORDERED.
Signed: January 17, 2013

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