Donahue v. Commissioner of Social Security

Filing 19

ORDER granting 18 Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 02/05/2024. (mdp)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
APRIL DONAHUE,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

)
)
)
)
)
)
)
)
)

Civ. No. 1:23-CV-00094-GCM
ORDER

ORDER
THIS MATTER is before the Court through a motion by Plaintiff, April Donahue, for an
award of attorney’s fees, expenses, and costs pursuant to the Equal Access to Justice Act.
Defendant has consented to that motion.
IT IS THEREFORE ORDERED that Plaintiff, April Donahue, is awarded attorney fees
in the amount of Five Thousand Three Hundred Dollars and 00/100 Cents ($5,300.00). Full or
partial remittance of the EAJA award will be contingent upon a determination by the Government
that Plaintiff owes no qualifying, pre-existing debt(s) to the Government.
If Plaintiff has no outstanding federal debt, the Commissioner may honor any EAJA
assignment that Plaintiff may provide and make the check(s) payable to Plaintiff’s counsel.
However, if Plaintiff has an outstanding federal debt, the Commissioner will make the check(s)
payable to Plaintiff directly and deliver the check(s) to the business address of Plaintiff’s counsel.
The amount of EAJA award payable to Plaintiff will be the balance of EAJA award remaining
after subtracting the amount of Plaintiff’s outstanding federal debt. This award will be paid directly
to Plaintiff, April Donahue, and sent to the business address of Plaintiff’s counsel. If Plaintiff’s
outstanding federal debt exceeds the amount of the EAJA award approved pursuant to the Order,

the amount of the EAJA award will be used to offset Plaintiff’s federal debt and no EAJA award
shall be paid.

Signed: February 5, 2024