Minnick v. Saul

Filing 21

ORDER granting 20 Consent MOTION for Attorney Fees. Signed by Senior Judge Graham Mullen on 9/7/2021. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:20-CV-00166-GCM-DCK
KATHY TALLENT MINNICK,
Plaintiff,
v.

ORDER

KILOLO KIJAKAZI,
Defendant.

THIS MATTER comes before the Court on Plaintiff’s Consent Motion for Attorney Fees
(ECF No. 20). Noting that Defendant consents to the fees proposed by Plaintiff, and being satisfied
that the award of fees complies with 28 U.S.C. § 2412, the Court orders:
1. That the Social Security Administration shall pay $6,098.48 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).
2. That the Commissioner shall determine whether Plaintiff owes a debt to the United
States with respect to Plaintiff’s signed assignment of EAJA fees to her attorney, in
accordance with Astrue v. Ratliff, 560 U.S. 586 (2010). If so, the debt will be satisfied
first. 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, paying the awarded fees directly to Plaintiff’s
counsel.
SO ORDERED.

Case 5:20-cv-00166-GCM-DCK Document 21 Filed 09/08/21 Page 1 of 2

Signed: September 7, 2021

Case 5:20-cv-00166-GCM-DCK Document 21 Filed 09/08/21 Page 2 of 2