Pope v. Astrue
Filing
22
ORDER granting 21 Consent Motion for Attorney Fees. Court will award attorney fees in the amount of $6,556.00 and costs in the amount of $350.00. Signed by Magistrate Judge David S. Cayer on 1/18/13. (smj)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL NO. 5:12-CV-26-RLV-DSC
ELLEN POPE,
)
)
Plaintiff,
)
)
vs.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security, )
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Defendant.
)
ORDER
THIS MATTER IS BEFORE THE COURT on the “Consent Motion for Order
Accepting the Parties’ Settlement Agreement on Attorney Fees and Costs” filed January 18,
2013.
The parties agree in this case that Plaintiff should be awarded attorneys’ fees under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $6,556.00.
The parties further agree that, pursuant to 28 U.S.C. § 2412(a)(1), Plaintiff should be
awarded costs in the amount of $350.00, payable from the Judgment Fund by the United States
Department of the Treasury.
IT IS, THEREFORE, ORDERED that the “Consent Motion for Order Accepting the
Parties’ Settlement Agreement on Attorney Fees and Costs” is GRANTED, to the extent that the
Court will award attorney fees in the amount of $6,556.00, and costs in the amount of $350.00.
Pursuant to Astrue 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. The Commissioner will
determine within thirty days of this Order 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 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. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
SO ORDERED.
Signed: January 18, 2013
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