Atwood v. Colvin

Filing 15

ORDER granting 14 Motion for Attorney Fees under the Equal Access to Justice Act. Signed by District Judge Martin Reidinger on 7/26/2017. (tmg)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL CASE NO. 5:16-cv-00215-MR

ALBERT ATWOOD,

)
)
Plaintiff,
)
)
vs.
)
)
NANCY A. BERRYHILL, Acting
)
Commissioner of Social Security,
)
)
Defendant.
)
___________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Petition for
Attorney Fees under the Equal Access to Justice Act 28 U.S.C. § 2412 [Doc.
14].
The Plaintiff seeks an award in the amount of $3,895.00 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. 14]. 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 his counsel.
[Doc. 14-2]. 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:
(1)

The Plaintiff’s Petition [Doc. 14] is hereby GRANTED, and the
Plaintiff is hereby awarded attorney’s fees in the amount of Three
Thousand Eight Hundred Ninety-Five Dollars ($3,895.00), 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);

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(2)

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;

(3)

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

(4)

No additional Petition pursuant to 28 U.S.C. § 2412(d) may be
filed.

IT IS SO ORDERED.
Signed: July 26, 2017

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