Money v. Commissioner of Social Security

Filing 17

ORDER granting 16 Plaintiff's Consent Motion for Attorney Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412. Signed by Magistrate Judge David Keesler on 5/5/22. (mga) Modified signature date on 5/6/2022 (mga).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NO. 5:21-CV-141-DCK
ALISHIA MARIE MONEY,
Plaintiff,
v.
KILO KIJAKAZI,
Acting Commissioner Of Social Security,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Consent Motion for
Attorney Fees Under The Equal Access to Justice Act 28 U.S.C. § 2412” (Document No. 16) filed
May 5, 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 her request for fees. (Document No.
16). Having reviewed the motion, supporting exhibits, and the record, the Court determines that
Plaintiff should be awarded attorney fees under Equal Access to Justice Act (“EAJA”), 28 U.S.C.
§ 2412(d), in the amount of $4,469.00.
IT IS, THEREFORE, ORDERED that “Plaintiff’s Consent Motion for Attorney Fees
Under The Equal Access to Justice Act 28 U.S.C. § 2412” (Document No. 16) is GRANTED.
The Court will award attorney fees in the amount of $4,469.00, 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

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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 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: May 5, 2022

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