Power v. Colvin

Filing 22

ORDER granting 20 Motion for Attorney Fees pursuant to EAJA. SSA shall pay $5,500.00 in atty fees. See Order for further instructions. Signed by Senior Judge Graham Mullen on 7/7/2015. (cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:14-cv-00148-GCM
CATHERINE D. POWER,
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 fee under 28 U.S.C.A. § 2412, the Equal Access to Justice Act, by consent of the
parties (Doc. No. 20), the Court orders as follows:
1.

That the Social Security Administration shall pay $5,500.00 in attorney fees to the
plaintiff, Catherine D. Power, in full settlement and satisfaction of any and all claims for
attorney 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: July 7, 2015