Anderson v. Astrue

Filing 19

ORDER granting 18 Motion for Attorney Fees and ordering Commr of Soc Sec pay to plf the sum of $3,883.44 in full satisfaction of any and all claims arising under EAJA, 28 USC 2412(d), and that plf be reimbursed by $75.00 for costs, and upon pymt of such sum this case is dismissed with prejudice. Signed by Magistrate Judge David Keesler on 7/9/2012. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:11-CV-137-RLV-DCK
DOUGLAS ANDERSON,

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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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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 “Plaintiff’s Petition For Attorney Fees
Under The Equal Access To Justice Act 28 U.S.C. § 2412” (Document No. 18) filed July 9, 2012.
This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b),
and immediate review is appropriate. Having carefully considered the motion and the record, and
noting consent of Defendant’s counsel, the undersigned will grant the motion.
Pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 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. Defendant
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.
IT IS THEREFORE ORDERED that the Commissioner of Social Security pay to Plaintiff
the sum of $3,883.44 in full satisfaction of any and all claims arising under EAJA, 28 U.S.C. §
2412(d), and that Plaintiff be reimbursed by $75.00 for costs, and upon the payment of such sum this
case is dismissed with prejudice.

Signed: July 9, 2012

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