Reid v. Colvin
Filing
18
ORDER granting 17 Motion for Attorney Fees. The United States Social Security Administration shall pay attorney's fees in the amount of $3,693.00, in full satisfaction of any and all attorney's fee claims Plaintiff may have in this case under EAJA.. Signed by District Judge Max O. Cogburn, Jr on 12/28/2015. (chh)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
DOCKET NO. 5:15-cv-00029-MOC-DLH
WILLENE H. REID,
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Plaintiff,
Vs.
CAROLYN W COLVIN,
Acting Commissioner of Social Security,
Defendant.
ORDER
THIS MATTER is before the court on Plaintiff’s Petition for Attorney Fees Under the
Equal Access to Justice Act (#17). 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 the magistrate judge’s
Memorandum and Recommendations (#14) and this court’s December 7, 2015 Order and
Judgment (##15, 16) granting the Commissioner’s Consent Motion to Remand (#13) and
remanding this case to the Defendant for further proceedings, and it further appearing that such
petition reflects that counsel for the Commissioner consents to the requested fee,
IT IS HEREBY ORDERED that the consented-to Plaintiff’s Petition for Attorney Fees
Pursuant to EAJA (#17) is GRANTED, the United States Social Security Administration shall
pay attorney’s fees in the amount of Three Thousand, Six Hundred and Ninety-Three Dollars
($3,693.00), in full satisfaction of any and all attorney’s fee claims Plaintiff may have in this
case under EAJA. Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 130
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S. Ct. 2521 (2010), these attorney’s fees are payable to Plaintiff as the prevailing party, and are
subject to 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 the Court’s EAJA
Order, the Commissioner determines that Plaintiff owes no debt to the government that would
subject this award of attorney fees to offset, the Commissioner may honor Plaintiff’s signed
assignment of EAJA fees providing for payment of the subject fees to Plaintiff’s counsel, rather
than to Plaintiff. If, however, the Commissioner discovers that Plaintiff owes the government
any debt subject to offset, the Commissioner shall pay any attorney fees remaining after such
offset to Plaintiff, rather than to counsel.
Signed: December 28, 2015
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