McNeely v. Saul

Filing 24

ORDER granting 22 Motion for Attorney Fees to the extent as stated herein. Signed by District Judge Max O. Cogburn, Jr on 5/6/2022. (ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:21-cv-43-MOC
LYNN MCNEELY,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of
Social Security,
Defendant.

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ORDER

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). Having reviewed the motion, supporting materials, memorandum in
support, and the case file the Court determines that Plaintiff should be awarded an
attorney’s fee under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §
2412(d), in the amount of $8,500.00.
IT IS ORDERED that the Plaintiff’s Motion for Fees Under the Equal
Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) filed is GRANTED, to the extent
that the Court will award attorney fees in the amount of $8,500.00, and that
pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. 586 (2010), the fee award will

Case 5:21-cv-00043-MOC Document 24 Filed 05/06/22 Page 1 of 2

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, 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 United States
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 an
assignment of EAJA fees and pay the awarded fees directly to Plaintiff’s counsel.
No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.

Signed: May 6, 2022

Case 5:21-cv-00043-MOC Document 24 Filed 05/06/22 Page 2 of 2