Smith v. Commissioner of Social Security

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL ACTION NO. 1:23-CV-00303-KDB TERESA BETH SMITH, Plaintiff, v. ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant.

THIS MATTER is before the Court on Plaintiff's Petition for Attorney Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412 (Doc. No. 10), to which the Defendant consents. Having reviewed the motion, and for good cause shown, the Court will grant the relief requested. IT IS HEREBY ORDERED that the parties’ request is GRANTED and the Court awards Plaintiff attorney’s fees in the amount of $5,750.00, and costs in the amount of $402.00. 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 Plaintiffs 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: September 16, 2024

/ Lon LAD □□ Kenneth D. Bell □ United States District Indoe SUIS