Billings v. Colvin
Filing
22
ORDER granting 20 Plaintiff's Second Motion for Attorney Fees and Costs. SSA shall pay $3,837.37 in attorney fees to Plaintiff, Roy E. Billings in full settlement and satisfaction of any and all claims for attorney fees. Signed by Magistrate Judge David Keesler on 1/7/14. (smj)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:13-CV-057-RLV-DCK
ROY E. BILLINGS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration,
Defendant.
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ORDER
THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Second Motion For
Attorney’s Fees And Costs” (Document No. 20) filed January 6, 2014. 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, the record, and noting consent of
Defendant’s counsel, the undersigned will grant the motion.
IT IS, THEREFORE, ORDERED that “Plaintiff’s Second Motion For Attorney’s
Fees And Costs” (Document No. 20) is GRANTED under 28 U.S.C.A. § 2412, the Equal
Access to Justice Act (“EAJA”). The Court orders as follows:
1.
The Social Security Administration shall pay $3,837.37 in attorney fees to
Plaintiff, Roy E. Billings, in full settlement and satisfaction of any and all claims
for attorney fees for legal services rendered under the EAJA, 28 U.S.C. §
2412(d).
2.
Plaintiff shall be paid $350.00 (three hundred and fifty dollars and 00/100) in
costs from the Judgment Fund by the United States Department of the Treasury
pursuant to 28 U.S.C. § 2412(a)(1).
3.
In accordance with Astrue v. Ratliff, 560 U.S. 586, (2010), 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 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 the assignment of EAJA fees,
and pay the awarded fees directly to Plaintiff's counsel.
SO ORDERED.
Signed: January 7, 2014
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