Heaggans v. Saul

Filing 29

ORDER granting 28 Plaintiff's Consent Motion for Attorney Fees Under the Equal Access to Justice Act. Signed by Magistrate Judge David Keesler on 8/22/22. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NO. 5:20-CV-098-DCK
LISA HEAGGANS,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY ,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Petition For Attorney Fees
Under The Equal Access To Justice Act” (Document No. 28) filed August 18, 2022. The parties
have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate
review is appropriate. Having carefully considered the motion and the record, the undersigned
will grant the motion.
Plaintiff indicates that Defendant has consented to the request for fees. (Document No. 28,
pp. 1, 3). Having reviewed the motion, supporting exhibits, and the record, the Court determines
that Plaintiff should be awarded attorney fees under the Equal Access to Justice Act (“EAJA”), 28
U.S.C. § 2412(d), in the amount of $5,250.00.
IT IS, THEREFORE, ORDERED that “Plaintiff’s Petition For Attorney Fees Under The
Equal Access To Justice Act” (Document No. 28) is GRANTED. The Court will award attorney
fees in the amount of $5,250.00, and pursuant to Astrue v. Ratliff, 560 U.S. 586 (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, that debt
will be satisfied first, and if any funds remain, they will be made payable to Plaintiff and mailed

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to Plaintiff’s counsel. If the United States Department of the Treasury reports to the Commissioner
that the Plaintiff does not owe any debt, the Government will exercise its discretion and honor an
assignment of EAJA fees, and pay those fees directly to the Plaintiff’s counsel. No additional
petition pursuant to 28 U.S.C. § 2412(d) shall be filed.
SO ORDERED.

Signed: August 22, 2022

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