Smith v. Commissioner of Social Security

Opinion

THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL CASE NO. 3:23-cv-000150-MR

AMBER S. SMITH, ) ) Plaintiff, ) ) vs. ) O R D E R ) KILOLO KIJAKAZI, Acting ) Commissioner of Social Security, ) ) Defendant. ) ___________________________________ )

THIS MATTER is before the Court on the Plaintiff’s Motion for Attorney Fees under the Equal Access to Justice Act [Doc. 14] and the parties’ Stipulation for an Award of Attorney’s Fees [Doc. 15]. The Plaintiff seeks an award of attorneys’ fees 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 parties have stipulated to an award of $8,700.00. [Doc. 15]. 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.

IT IS, THEREFORE, ORDERED that: (1) The Plaintiff’s Motion [Doc. 14] is GRANTED, and the Plaintiff is hereby awarded attorney’s fees in the amount of Eight Thousand

Seven Hundred Dollars ($8,700.00), 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); (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 the Plaintiff’s counsel, pursuant to Astrue v. Ratliff, 560 U.S. 286 (2010), whether the Plaintiff owes

a debt to the Government by which this fee award may be offset; 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.

2 IT IS SO ORDERED. Signed: November 6, 2023

Martifi Reidinger Ly Chief United States District Judge WG