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BYERS v. ASTRUE, 1:11cv197. (2012)

Court: District Court, W.D. North Carolina Number: infdco20120321a94 Visitors: 1
Filed: Mar. 19, 2012
Latest Update: Mar. 19, 2012
Summary: ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Parties' Consent Motion for Entry of an Order Accepting the Parties' Settlement Agreement on Attorney's Fees. [Doc. 14]. The parties agree the appropriate award of attorney's fees is the amount of One Thousand Eight Hundred Thirty-Two Dollars and Ninety-One Cents ($1,832.32) in full satisfaction of any and all claims by the Plaintiff in this case pursuant to 28 U.S.C. 2412(d). The parties state in the Settlement
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ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on the Parties' Consent Motion for Entry of an Order Accepting the Parties' Settlement Agreement on Attorney's Fees. [Doc. 14].

The parties agree the appropriate award of attorney's fees is the amount of One Thousand Eight Hundred Thirty-Two Dollars and Ninety-One Cents ($1,832.32) in full satisfaction of any and all claims by the Plaintiff in this case pursuant to 28 U.S.C. §2412(d). The parties state in the Settlement Agreement that the Plaintiff has assigned the attorney's fees to Plaintiff's counsel. The Court therefore finds that the Commissioner shall pay this award of fees directly to Plaintiff's counsel provided 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. Astrue v. Ratliff, ___ U.S. ___, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010).

IT IS, THEREFORE, ORDERED that the Parties' Consent Motion for Entry of an Order Accepting the Parties' Settlement Agreement on Attorney's Fees. [Doc. 14] is hereby GRANTED and the Plaintiff is hereby awarded attorney's fees in the amount of One Thousand Eight Hundred Thirty-Two Dollars and Ninety-One Cents ($1,832.91) 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 that thirty (30) days from entry of this Order.

IT IS FURTHER ORDERED that no additional Petition pursuant to 28 U.S.C. §2412(d) may be filed.

Source:  Leagle

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