Frye v. Commissioner of Social Security

Filing 17

ORDER granting 15 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 6/4/2024. (ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-cv-339-MOC
ANDREA CAROL FRYE,
Plaintiff,
v.
MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on Plaintiff’s Motion for Attorney’s Fees. (Doc. No.
15). Defendant does not oppose the requested amount of fees. Upon review of the materials, the
Court finds that Plaintiff’s request for attorney fees is reasonable. The motion for attorney fees is
GRANTED.
It is hereby ordered that Defendant will pay Plaintiff $5,000.00 in attorney’s fees in full
satisfaction of all claims arising under the Equal Access to Justice Act, 28 U.S.C. § 2412. Full or
partial remittance of the EAJA award will be contingent on 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, Andrea Frye, and sent to the business address of Plaintiff’s counsel. If

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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.
IT IS SO ORDERED.

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