Taylor v. Colvin

Filing 23

ORDER granting 21 Motion for Attorney Fees and ordering that (1) SSA shall pay $5,237.93 in atty fees to plf in full stlmt and satisfaction of any and all claims for atty fees for legal services rendered under EAJA; (2 ) Commr will determine whether plf owes a debt to the US; and if so, the debt will be satisfied first and if any funds remain, they will be made payable to plf and mailed to plf's cnsl; if plf does not owe a federal debt, the Govt will exercise its discretion and honor the assignment of EAJA fees and pay the awarded fees directly to plf's cnsl. Signed by Magistrate Judge David S. Cayer on 10/9/2014. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION FILE NO. 5:14-cv-00002-RJC-DSC
BONNIE K. TAYLOR,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration,
Defendant.

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ORDER

THIS MATTER having come before the Court on “Plaintiff's Motion for Attorney's
Fees” under 28 U.S.C.A. § 2412, the Equal Access to Justice Act, by consent of the parties, the
Court orders as follows:
1. That the Social Security Administration shall pay $5,237.93 in attorney’s fees to
Plaintiff Bonnie K. Taylor in full settlement and satisfaction of any and all claims for attorney’s
fees for legal services rendered under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. §
2412(d).
2. With respect to Plaintiff's signed assignment of EAJA fees to his attorney, in
accordance with Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521, 177 L.Ed.2d 91 (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: October 9, 2014