Brooks v. Colvin

Filing 27

ORDER ordering 23 Plaintiff's Consent Motion for Attorney Fees as amended 25 Amended Motion for Attorney Fees is hereby granted. Plaintiff is hereby awarded attorney's fees in the amount of $4,770.51. No additional petition pursuant to 28:2412(d) may be filed. Signed by District Judge Martin Reidinger on 1/18/16. (smj)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL CASE NO. 5:14-cv-00189-MR

EDWARD L. BROOKS, JR.,

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Plaintiff,
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vs.
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CAROLYN W. COLVIN, Acting
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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
Attorney’s Fees [Doc. 23], as amended [Doc. 25].
The Plaintiff seeks an award in the amount of $4,770.51 in full
satisfaction of any and all claims by the Plaintiff in this case pursuant to
EAJA. [Docs. 23, 25]. The Defendant consents to that award. [Id.]. In light
of the Court’s prior remand of this matter, and in the absence of any
contention by the Commissioner that her position was substantially justified
or that special circumstances exist that would render an award of attorney’s
fees unjust, the Court concludes that the Plaintiff is entitled to an award of
attorney’s fees under the EAJA.

The Plaintiff requests that the EAJA award be paid directly to Plaintiff’s
counsel as his assignee.

In support of this request, the Plaintiff has

submitted an assignment executed by the Plaintiff, pursuant to which the
Plaintiff has agreed to assign any EAJA fee award in favor of her counsel.
[Docs. 23-2, 25-2]. The Court finds that the Commissioner should accept
this assignment of the awarded fees by the Plaintiff to his attorney and upon
receipt of such assignment, the Commissioner will pay that award of fees
directly to Plaintiff’s counsel, provided that it is shown that as of the date of
this Order, the Plaintiff does not owe any debt to the United States
Government which is subject to offset. See Astrue v. Ratliff, 560 U.S. 286
(2010).
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for
Attorney’s Fees [Doc. 23], as amended [Doc. 25], is hereby GRANTED, and
the Plaintiff is hereby awarded attorney’s fees in the amount of Four
Thousand Seven Hundred Seventy Dollars and Fifty-One Cents ($4,770.51),
which sum is in full satisfaction of any and all claims by the Plaintiff in this
case pursuant to 28 U.S.C. § 2412(d).
IT IS FURTHER ORDERED that the Commissioner shall inform
Plaintiff’s counsel whether the Plaintiff owes a debt to the Government by
which this fee award may be offset no later than thirty (30) days from entry
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of this Order. Within the same time period, the Plaintiff shall provide a valid
fee assignment to the Defendant.
IT IS FURTHER ORDERED that in the event that past-due benefits are
awarded on remand, the Plaintiff shall have sixty (60) days after being served
with notice of the past-due benefits award to file for an award of fees
pursuant to the Social Security Act, 42 U.S.C. § 406(b).
IT IS FURTHER ORDERED that no additional Petition pursuant to 28
U.S.C. § 2412(d) may be filed.
IT IS SO ORDERED.
Signed: January 18, 2016

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