Crocker v. Commissioner of Social Security
Crocker v. Commissioner of Social Security
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION
TICO CROCKER,
Plaintiff, Civil No. 1:22-cv-00004-RJC-DSC
vs.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER
THIS MATTER IS BEFORE THE COURT on Plaintiff’s Motion for Fees Pursuant to the Equal Access to Justice Act,
28 U.S.C. § 2412(d)(1)(A), filed on November 04, 2022. Having reviewed the Motion, the parties’ briefs and exhibits and the case file, the Court determines that Plaintiff should be awarded attorney’s fees under the Equal Access to Justice Act (“EAJA”),
28 U.S.C. § 2412(d), in the amount of $7,848.08. IT IS ORDERED that Plaintiff’s Motion for Fees Under the Equal Access to Justice Act
28 U.S.C. § 2412(d)(1)(A) is GRANTED, to the extent that the Court will award attorney’s fees in the amount of $7,848.08, and that pursuant to Comm’r of Soc. Sec. v. Ratliff, 560 U.S. --,
130 S. Ct. 2521(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 payable to Plaintiff and mailed to his 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. SO ORDERED. Signed: November 28, 2022
ir AC ey David S. Cayer 2 -f United States Magistrate Judge
Reference
- Status
- Unknown