Cooper v. Saul
Filing
29
ORDER granting 28 Consent Motion for Attorney Fees pursuant to the Equal Access to Justice Act. Signed by Senior Judge Graham Mullen on 1/14/2022. (mek)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION FILE NO. 5:20-cv-00095-GCM
VICTORIA RUSSELL COOPER,
Plaintiff,
vs.
KILOLO KIJAKAZI,
Acting Commissioner,
Social Security Administration,
Defendant.
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ORDER
THIS MATTER HAVING COME BEFORE THE COURT on Plaintiff's Motion for
Attorney's fees under 28 U.S.C.A. § 2412, the Equal Access to Justice Act, by consent of the
parties, the Court ORDERS as follows:
1.
That the Social Security Administration shall pay $11,000.00 in attorney fees to the
plaintiff in full settlement and satisfaction of any and all claims for attorney fees for legal
services rendered under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d);
and
2.
With respect to Plaintiff's signed assignment of EAJA fees to her attorney, in accordance
with Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521 (2010), 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 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 the assignment of EAJA fees, and pay the awarded fees directly to Plaintiff's
counsel.
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