Latham-Gragg v. Colvin

Filing 30

ORDER granting 29 Motion for Attorney Fees under EAJA. Plf is awarded atty fees in the amount of $6,500.00. Such amount is subject to offset of any debt plf may owe the US. The Commr will determine within 30 days of this Order whether plf owes a debt to the US. If so, debt will be satisfied first and if any funds remain, they will be made payable to plf and mailed to plf's cnsl. If US Dept of Treasury reports to Commr that plf does not owe a federal debt, t he govt will pay the awarded fees directly to plf's cnsl. No addn'l petn pursuant to 28 USC 2412(d) shall be filed. Plf is further awarded $400.00 in costs payable by dft from the Judgment Fund. Signed by District Judge Max O. Cogburn, Jr on 1/25/2016. (cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
DOCKET NO. 5:14-cv-00049-MOC-DLH
ROBYN M. LATHAM-GRAGG,

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Plaintiff,
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Vs.
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CAROLYN W. COLVIN, Acting Commissioner of )
Social Security,
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Defendant.
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ORDER

THIS MATTER is before the court on the Plaintiff’s Motion for Fees Under
the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) (#27), as amended (#29).
Having reviewed the motion, supporting materials, and underlying favorable
decision, the Court determines that Plaintiff should be awarded an attorney’s fee
under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount
of $6,500.00, an amount as to which the Commissioner has agreed.
ORDER
IT IS ORDERED that the Plaintiff’s Motion for Fees Under the Equal Access
to Justice Act 28 U.S.C. § 2412(d)(1)(A) (#27) and amended (#29) is GRANTED,
and Plaintiff is awarded attorney fees in the amount of $6,500.00, and that pursuant
to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. ----, 130 S. Ct. 2521 (2010), such amount

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is subject to offset of any debt Plaintiff may owe to the United States. The
Commissioner will determine within 30 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 the
Plaintiff does not owe a federal debt, the government will pay the awarded fees
directly to Plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. §
2412(d) shall be filed.
Plaintiff is further awarded $400.00 in costs payable by defendant from the
Judgment Fund.

Signed: January 25, 2016

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