Snipes v. Commissioner of Social Security

Filing 18

ORDER granting Plaintiff's #16 Consent Motion for Fees pursuant to the Equal Access to Justice Act. Signed by District Judge Kenneth D. Bell on 8/2/2022. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:21-CV-00536-KDB
TAMMIE SNIPES,
Plaintiff,
v.

ORDER

KILOLO KIJAKAZI , Acting
Commissioner of Social Security,
Defendant.

THIS MATTER is before the Court on Plaintiff’s Consent Motion for Fees pursuant to
the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A). (Doc. No. 16). Having reviewed the
motion and the supporting materials the Court determines that Plaintiff should be awarded attorney
fees in the amount of $7,250.00
Pursuant to Astrue v Ratliff, 130 S. Ct. 2521 (2010), these EAJA fees are payable to Plaintiff
as the prevailing party and are subject to offset through the Treasury Department’s Offset Program
to satisfy any pre-existing debt Plaintiff may owe to the federal government. If, after entry of this
Order, the Commissioner determines that Plaintiff owes no debt to the government that would
subject this award of attorney fees to offset, the Commissioner may honor Plaintiff’s signed
assignment of EAJA fees providing for payment of the subject fees to Plaintiff’s Counsel, rather
than to Plaintiff. If such a debt is present, then any remaining fee after offset will be payable to
Plaintiff and delivered to Plaintiff’s Counsel.
It is therefore ORDERED that the Commissioner pay the sum of $7,250.00 in attorney’s
fees in full satisfaction of all claims arising under EAJA, 28 U.S.C. § 2412(d), and upon the
payment of such sums this case is dismissed with prejudice.

Case 3:21-cv-00536-KDB Document 18 Filed 08/02/22 Page 1 of 2

SO ORDERED.

Signed: August 2, 2022

Case 3:21-cv-00536-KDB Document 18 Filed 08/02/22 Page 2 of 2