McKinney v. Astrue
Filing
21
ORDER granting 20 Motion for Entry of an Order Accepting Parties' Settlement Agreement on Attorney's Fees and ordering that the SSA shall pay atty's fees in amount of $868.06 in full satisfaction of any and all atty's fee claims plf may have in this case under EAJA. Signed by District Judge Richard Voorhees on 10/18/2012. (cbb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:12cv47-RLV
NICHOLE H. MCKINNEY
Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner, Social Security
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Administration,
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Defendant.
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______________________________ )
ORDER
Pursuant to the power of this Court to award fees to a prevailing party other than the
United States incurred by that party in a civil action against the United States, including
proceedings for judicial review of agency action, under the Equal Access to Justice Act, 28
U.S.C. § 2412(d)(1)(A), and in light of this Court’s September 17, 2012 Judgment remanding
this case to the defendant Commissioner for further administrative proceedings under Title II of
the Social Security Act, 42 U.S.C. §423,
IT IS HEREBY ORDERED that the United States Social Security Administration shall
pay attorney’s fees in the amount of eight hundred sixty-eight dollars, and six cents ($868.06) in
full satisfaction of any and all attorney’s fee claims plaintiff may have in this case under the
Equal Access to Justice Act. Pursuant to the United States Supreme Court’s ruling in
Commissioner of Social Security v. Ratliff, 560 U.S. ----, 130 S.Ct. 2521 (2010), these attorney’s
fees are payable to plaintiff as the prevailing party, and are subject to offset through the Treasury
Department’s Offset Program to satisfy any pre-existing debt plaintiff may owe to the
government. If, subsequent to the entry of this Order, the Commissioner determines that
plaintiff owes no debt to the government that would subject this award of attorney’s fees to
offset, the Commissioner may honor plaintiff’s April 4, 2012 signed assignment of EAJA fees
providing for payment of the subject fees to plaintiff’s counsel, rather than to plaintiff. If,
however, the Commissioner discovers that plaintiff owes the government any debt subject to
offset, the Commissioner shall pay any attorney’s fees remaining after such offset to plaintiff,
rather than to counsel.
Signed: October 18, 2012
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