Davis v. Colvin
ORDER granting 15 Consent Motion for Attorney Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A). Signed by District Judge Martin Reidinger on 1/8/2018. (tmg)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL CASE NO. 5:16-cv-00016-MR
JEFFERY D. DAVIS,
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
THIS MATTER is before the Court on the Plaintiff’s Consent Motion for
Fees and Costs Pursuant to the Equal Access to Justice Act [Doc. 15].
The Plaintiff seeks an award in the amount of $5,000.00 in full
satisfaction of any and all claims by the Plaintiff in this case pursuant to the
Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). [Doc. 15]. 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 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 a fee agreement executed by the Plaintiff, pursuant to which the
Plaintiff has agreed to assign any EAJA fee award in favor of his counsel.
[Doc. 15-1]. 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
IT IS, THEREFORE, ORDERED that:
The Plaintiff’s Motion [Doc. 15] is hereby GRANTED, and the
Plaintiff is hereby awarded attorney’s fees in the amount of Five
Thousand Dollars ($5,000.00), 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);
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 of this
Order. Within the same time period, the Plaintiff shall provide a
valid fee assignment to the Defendant;
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); and
No additional Petition pursuant to 28 U.S.C. § 2412(d) may be
IT IS SO ORDERED.
Signed: January 8, 2018
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