Mcgirt v. Commissioner of Social Security

Filing 18

ORDER that Plaintiff's 16 Consent Motion is hereby GRANTED, and the Plaintiff is hereby awarded EAJA attorneys fees in the amount of Five Thousand Nine Hundred Dollars ($5,900.00), which sum is in full satisfaction of any and all claims by the Plaintiff in this case pursuant to 28 U.S.C. § 2412(d). Signed by Chief Judge Martin Reidinger on 7/29/2022. (kby)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:21-cv-00505-MR

JENNIFER McGIRT,

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

ORDER

THIS MATTER is before the Court on the Plaintiff’s Consent Motion for
Attorney Fees Under the Equal Access to Justice Act [Doc. 16].
The Plaintiff seeks an award in the amount of $5,900.00 in full
satisfaction of any and all claims by the Plaintiff in this case pursuant to the
Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). [Doc. 16]. The
Defendant consents to that award. [Id.]. In light of the Court’s prior remand
of this matter, and in the absence of any contention by the Commissioner
that her position was substantially justified or that special circumstances
exist that would render an award of attorney’s fees unjust, the Court
concludes that the Plaintiff is entitled to an award of attorney’s fees under
the EAJA.

The Plaintiff has submitted an executed fee agreement, pursuant to
which the Plaintiff has agreed to assign any EAJA fee award in favor of
counsel. [Doc. 17-1]. The Court finds that the Commissioner should accept
this assignment of the awarded fees by the Plaintiff to counsel and upon
receipt of such assignment, the Commissioner will pay that award of fees
directly to Plaintiff’s counsel, provided that it is shown that the Plaintiff does
not owe any debt to the United States Government which is subject to offset.
See Astrue v. Ratliff, 560 U.S. 286 (2010).
IT IS, THEREFORE, ORDERED that:
(1)

The Plaintiff’s Consent Motion [Doc. 16] is hereby GRANTED,
and the Plaintiff is hereby awarded attorney’s fees in the amount
of Five Thousand Nine Hundred Dollars ($5,900.00), which sum
is in full satisfaction of any and all claims by the Plaintiff in this
case pursuant to 28 U.S.C. § 2412(d);

(2)

Within thirty (30) days of the entry of this Order, or some other
time as determined by the Court upon good cause shown, the
Commissioner shall inform Plaintiff’s counsel whether the
Plaintiff owes a debt to the Government by which this fee award
may be offset. Before any funds are disbursed to counsel, the

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Plaintiff’s counsel shall provide a valid fee assignment to the
Defendant;
(3)

In the event that past-due benefits are awarded on remand, the
Plaintiff shall have sixty (60) days after being served with notice
of the past-due benefits award to file for an award of fees
pursuant to the Social Security Act, 42 U.S.C. § 406(b); and

(4)

No additional motion pursuant to 28 U.S.C. § 2412(d) may be
filed.

IT IS SO ORDERED.

Signed: July 29, 2022

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