Matheson v. Saul

Filing 18

ORDER granting 16 Motion for Attorney Fees Pursuant to the Equal Access to Justice Act. Signed by Chief Judge Martin Reidinger on 7/29/2022. (hms)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL CASE NO. 5:21-cv-00071-MR

JEFFREY MATHESON,

)
)
Plaintiff,
)
)
vs.
)
)
KILOLO KIJAKAZI, Acting
)
Commissioner of Social Security,
)
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Defendant.
)
___________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Consent Motion for
Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A)
and Costs [Doc. 16].
The Plaintiff seeks an award of attorney’s fees in the amount of
$4,600.00 in full satisfaction of any and all claims by the Plaintiff in this case
pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”).
[Doc. 16]. The Defendant consents to such an award. [Id. at 1]. In light of
the Court’s prior remand of this matter, and in the absence of any contention
by the Commissioner that her position was substantially justified or that
special circumstances exist that would render an award of attorney’s fees
unjust, the Court concludes that the Plaintiff is entitled to an award of

attorney’s fees under the EAJA. The Court further concludes that the Plaintiff
is entitled to reimbursement from the Treasury Judgment Fund of the
$423.48 in costs incurred as a result of filing this action.
The Plaintiff requests that the EAJA award be paid directly to Plaintiff’s
counsel as the Plaintiff’s assignee. In support of this request, the Plaintiff
has submitted a fee agreement executed by the Plaintiff, pursuant to which
the Plaintiff has agreed to assign any EAJA fee award in favor of counsel.
[Doc. 17-1]. The Court finds that the Commissioner should accept this
assignment of the awarded fees by the Plaintiff to counsel and upon receipt
of such assignment, the Commissioner will pay that award of fees directly to
Plaintiff’s counsel, provided that it is shown that the Plaintiff does not owe
any debt to the United States Government which is subject to offset. See
Astrue v. Ratliff, 560 U.S. 286 (2010).
IT IS, THEREFORE, ORDERED that:
(1)

The Plaintiff’s Motion [Doc. 16] is hereby GRANTED, and the
Plaintiff is hereby awarded attorney’s fees in the amount of Four
Thousand Six Hundred Dollars ($4,600.00), which sum is in full
satisfaction of any and all claims by the Plaintiff in this case
pursuant to 28 U.S.C. § 2412(d);

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(2)

Within thirty (30) days of the entry of this Order, or some other
time as determined by the Court upon good cause shown, the
Commissioner shall inform Plaintiff’s counsel whether the
Plaintiff owes a debt to the Government by which this fee award
may be offset. Before any funds are disbursed to counsel, the
Plaintiff’s counsel shall provide a valid fee assignment to the
Defendant;

3)

The sum of Four Hundred Twenty-Three Dollars and Forty-Eight
Cents ($423.48) in costs shall be reimbursed to the Plaintiff from
the Treasury Judgment Fund upon certification thereof by the
Office of the United States Attorney to the Department of
Treasury.

(4)

In the event that past-due benefits are awarded on remand, the
Plaintiff shall have sixty (60) days after being served with notice
of the past-due benefits award to file for an award of fees
pursuant to the Social Security Act, 42 U.S.C. § 406(b); and

(5)

No additional Petition pursuant to 28 U.S.C. § 2412(d) may be
filed.

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IT IS SO ORDERED.
Signed: July 29, 2022

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