UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:21-CV-00160-FDW

KISHA ADDISON, ) ) Plaintiff, ) ) vs. ) ORDER ) KILOLO KIJAKAZI, Acting Commissioner ) of Social Security,1 ) ) Defendant. ) )

THIS MATTER is before the Court on Plaintiff Kisha Addison’s Motion for Attorney Fees Pursuant to the Equal Access to Justice Act

(d)(1)(A), (Doc. No. 20), filed on April 25, 2022. 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”),

(d), in the amount of $5,362.67. IT IS THEREFORE ORDERED that the Plaintiff’s Motion for Fees Under the Equal Access to Justice Act

(d)(1)(A) filed is GRANTED, to the extent that the Court will award attorney fees in the amount of $5,362.67, and that pursuant to Comm’r of Soc. Sec. v. Ratliff,

(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, the debt will be satisfied first, and if any funds remain, they will be made

1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, therefore, for Commissioner of Social Security, as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act,

(g). 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

(d) shall be filed. IT IS SO ORDERED.

Signed: May 4, 2022

Frank D. Whitney é +3 United States District Judge ages