Kuklinski v. Commissioner of Social Security

Filing 13

ORDER granting 12 Stipulation for an Award of Attorney's Fees under the Equal Access to Justice Act. Signed by District Judge Kenneth D. Bell on 6/5/2024. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:23-CV-00356-KDB-SCR
KRISTEN KUKLINSKI,
Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

THIS MATTER IS BEFORE THE COURT on the parties’ Stipulation for an Award of
Attorney’s Fees under the Equal Access to Justice Act (Doc. No. 12). Having reviewed the
stipulation, 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 fees in the amount of $6,300.00. 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 Plaintiff’s 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.

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Signed: June 5, 2024

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