Carpenter v. Commissioner of Social Security

Filing 12

ORDER granting Plaintiff's 11 Petition for Attorney Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412. Signed by District Judge Kenneth D. Bell on 1/3/2025. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:24-CV-00137-KDB
CHRISTOPHER CARPENTER,
Plaintiff,
v.

ORDER

CAROLYN COLVIN, ACTING
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. 11), 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 fees in the amount of $2,490.00. 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.

Signed: January 3, 2025

SO ORDERED.

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