Albaeck v. Berryhill
Filing
19
ORDER granting 16 Consent Motion for Attorney Fees Pursuant to the Equal Access to Justice Act. IT IS FURTHER ORDERED that Costs Taxed in amount of $420.01 against Nancy A. Berryhill re 18 Bill of Costs. Signed by District Judge Martin Reidinger on 11/20/2018. (tmg) (Main Document 19 replaced on 11/20/2018, NEF Regenerated) (tmg).
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL CASE NO. 5:17-cv-00072-MR
JACOB D. ALBAECK,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL, 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 Consent Motion for
Fees Pursuant to the Equal Access to Justice Act [Doc. 16].
The Plaintiff seeks an award in the amount of $5,100.00 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. 16]. 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 Court further concludes that, in light of the Commissioner’s
lack of opposition to the Plaintiff’s request, the Plaintiff is entitled to
reimbursement from the Treasury Judgment Fund of the $420.01 in costs
incurred as a result of filing this action.
The Plaintiff requests that the EAJA award be paid directly to Plaintiff’s
counsel as the Plaintiff’s 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 counsel.
[Doc. 16-1]. The Court finds that the Commissioner should accept this
assignment of the awarded fees by the Plaintiff to counsel 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 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 Motion [Doc. 16] is hereby GRANTED, and the
Plaintiff is hereby awarded attorney’s fees in the amount of Five
Thousand One Hundred Dollars ($5,100.00), 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)
Within thirty (30) days of the entry of this Order, or some other
time as determined by the Court upon good cause shown, the
Commissioner shall inform Plaintiff’s counsel whether the
Plaintiff owes a debt to the Government by which this fee award
may be offset. Before any funds are disbursed to counsel, the
Plaintiff’s counsel shall provide a valid fee assignment to the
Defendant;
3) IT IS FURTHER ORDERED that Four Hundred Twenty Dollars
and One Cent ($420.01) in costs shall be reimbursed to the
Plaintiff from the Treasury Judgment Fund upon certification
thereof by the Office of the United States Attorney to the
Department of Treasury.
(4)
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
(5)
No additional Petition pursuant to 28 U.S.C. § 2412(d) may be
filed.
Signed: November 20, 2018
IT IS SO ORDERED.
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