Davis v. Saul

Filing 21

ORDER granting 20 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 5/9/2022. (ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:21-cv-00139-MOC
SANDRA DAVIS,

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Plaintiff,
vs.
KILOLO KIJAKAZI ,
Acting Commissioner of Social Security
Defendant.

ORDER

THIS MATTER is before the Court on Plaintiff’s Consent Motion for Attorney Fees.
(Doc. No. 20). Pursuant to the power of this court to award fees to a prevailing party other

than the United States incurred by that party in a civil action against the United States,
including proceedings for judicial review of agency action, under the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and in light of this Court’s March 18, 2022
Judgment remanding this case to Defendant Acting Commissioner for further
administrative proceedings and the parties Consent Motion, (Doc. No. 17),
IT IS HEREBY ORDERED that the Defendant shall pay $2,404.75 in attorney
fees in full satisfaction of any and all claims Plaintiff may have in this case under the
Equal Access to Justice Act.
Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 560 U.S.
586, 130 S. Ct. 1251 (2010), these attorney fees are payable to Plaintiff as the prevailing
party and are subject to offset through the Treasury Department’s Offset Program to satisfy
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any preexisting debt Plaintiff may owe to the United States Government. If, subsequent to
the entry of this Order, the Commissioner determines that Plaintiff owes no debt to the
United States that would subject this award of attorney’s fees to offset, the Commissioner
may honor Plaintiff’s assignment of EAJA fees providing for payment of the subject fees
to Plaintiff’s counsel, rather than to Plaintiff. If, however, Plaintiff is discovered to owe the
government any debt subject to offset, the Commissioner shall pay any attorney fees
remaining after such offset to Plaintiff rather than to counsel. Should this occur, any
remaining fees made payable to Plaintiff shall be sent to her counsel.
Signed: May 9, 2022

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