Anderson v. Commissioner of Social Security

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION 5:24-cv-33-MOC

LESLIE LEANN ANDERSON,

Plaintiff, v.

MARTIN O’MALLEY, ORDER Commissioner of Social Security Administration,

Defendant.

THIS MATTER comes before the Court on Plaintiff’s Consent Motion for Attorney Fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 and supporting exhibits. (Doc. No. 14). Having reviewed the Motion, supporting exhibits, and the case file, the Court determines that Plaintiff should be awarded attorney fees under EAJA, 28 U.S.C. § 2412(d), in the amount of $5,000.00. IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorney Fees is GRANTED. The Court will award attorney fees in the amount of $5,000.00, and pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the fee award will first be subject to offset of any debt Plaintiff may owe to the United States. The Commissioner will determine whether Plaintiff owes a debt to the United States. If so, that debt will be satisfied first, and if any funds remain, they will be made payable to Plaintiff and mailed to Plaintiff’s counsel. If the United States Department of the Treasury reports to the Commissioner that the Plaintiff does not owe any debt, the Government will exercise its discretion and honor an assignment of EAJA fees and pay those fees directly to the Plaintiff's counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.

Signed: September 23, 2024

p-crvrnne< Max O. Cogburn i United States District Judge he