Thomas v. Colvin

Filing 15

ORDER granting 14 Consent Motion for Attorney Fees. The Court will award attorney's fees in the amount of $3,977.50 in full satisfaction of any and all claims Plaintiff may have in this case under EAJA. No additional petition pursuant to 28 USC, Section 2412(d) shall be filed. Signed by Chief Judge Frank D. Whitney on 2/24/15. (smj)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
DOCKET NO. 5:14-cv-00132-FDW
JENNIE THOMAS,
Plaintiff,
vs.
CAROLYN COLVIN, Acting
Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on Plaintiff’s Petition for Attorneys Fees Under the
Equal Access to Justice Act, 28 U.S.C. § 2412. (Doc. No. 14). For the reasons stated herein, the
motion is GRANTED.
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
(“EAJA”), 28 U.S.C. § 2412(d)(1)(A), and in light of this Court’s February 3, 2015 Order
remanding this case to the Defendant Acting Commissioner for further administrative
proceedings.
IT IS HEREBY ORDERED that the Court will award attorney’s fees in the amount of
three thousand nine hundred seventy-seven dollars and fifty cents ($3,977.50) in full satisfaction
of any and all claims Plaintiff may have in this case under the EAJA. No additional petition
pursuant to 28 U.S.C. § 2412(d) shall be filed.
Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 130 S.Ct. 1251
(2010), these attorney’s fees are payable to Plaintiff as the prevailing party and are subject to
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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 July 12, 2014 signed
assignment of EAJA fees, providing for payment of the subject fees to Plaintiff’s counsel, rather
than to Plaintiff. If, however, Plaintiff is discovered to owe 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. Should this occur, any remaining fees made payable to Plaintiff shall be
sent to her counsel.
IT IS SO ORDERED.

Signed: February 24, 2015

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