Fine v. Commissioner of Social Security

Filing 18

ORDER granting 17 Motion for Attorney Fees. Signed by District Judge Max O. Cogburn, Jr on 1/18/2023. (ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:22-cv-00011-MOC
JAMES ANTHONY FINE,

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Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of
Social Security
Defendant.
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ORDER

THIS MATTER is before the Court on Plaintiff’s Motion for Attorney’s Fees. (Doc No.
17). Defendant has consented to the motion. The motion is GRANTED. The parties have agreed
that the Commissioner of Social Security should pay the sum of $4,400.00, in full and final
settlement of all claims arising under the Equal Access to Justice Act (“EAJA”). See 28 U.S.C. §
2412(d).
Pursuant to the United States Supreme Court’s ruling in Astrue v Ratliff, 130 S. Ct. 2521
(2010), these EAJA fees are payable to Plaintiff as the prevailing party, and are subject to offset
through the Treasury Department’s Offset Program to satisfy any pre-existing debt Plaintiff may
owe to the federal government. If, subsequent to entry of the Consent Order, the Commissioner
determines that Plaintiff owes no debt to the government that would subject this award of attorney
fees to offset, the Commissioner may honor Plaintiff’s signed assignment of EAJA fees providing
for payment of the subject fees to Plaintiff’s Counsel, rather than to Plaintiff. If such a debt is
present, then any remaining fee after offset will be payable to Plaintiff and delivered to Plaintiff’s
Counsel.

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ORDER
IT IS THEREFORE ORDERED that, pursuant to the above, the Commissioner pay the
sum of $4,400.00 in full satisfaction of any and all claims arising under EAJA, 28 U.S.C. §
2412(d), and upon the payment of such sums this case is dismissed with prejudice.

Signed: January 18, 2023

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