McLaughlin v. Commissioner of Social Security

• Court: District Court, W.D. North Carolina
• Decided: March 15, 2024
• Docket: 1:23-cv-00135
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL ACTION NO. 1:23-CV-00135-KDB-DCK

RHONDA MCLAUGHLIN,

Plaintiff,

v. ORDER

MARTIN O’MALLEY, Commissioner of Social Security,

Defendant.

THIS MATTER IS BEFORE THE COURT on Plaintiff’s Motion for Attorney Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) (Doc. No. 16). Having reviewed the Motion, the parties’ stipulation (Doc. No. 17), and for good cause shown, the Court will grant the relief requested. IT IS HEREBY ORDERED that the Plaintiff’s Motion is GRANTED and the Court awards fees in the amount of $3,500.00. See 28 U.S.C. § 2412(d). Under Comm’r of Soc. Sec. v. Ratliff, 560 U.S. 586, 130 S. Ct. 2521 (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, the 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 a federal debt, the government will exercise its discretion and honor an assignment of EAJA fees and pay the awarded fees directly to Plaintiff’s counsel. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed. SO ORDERED. Signed: March 15, 2024

Kenneth D. Bell us, United States District Judge \ i □