Oropesa v. Commissioner of Social Security

District Court, W.D. North Carolina

Oropesa v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:22-cv-688-MOC

ALEXANDRA N. OROPESA, ) ) ) Plaintiff, ) ) v. ) ORDER ) KILOLO KIJAKAZI, ) Acting Commissioner of ) Social Security ) Defendant. ) ___________________________________ )

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

28 U.S.C. § 2412

(d)(1)(A). (Doc. No. 12). Having reviewed the motion, supporting materials, memorandum in support, the case file, and under agreement of the parties, the Court determines that Plaintiff should be awarded an attorney’s fee under the Equal Access to Justice Act (“EAJA”),

28 U.S.C. § 2412

(d), in the amount of $3,400.00. ORDER IT IS, THEREFORE, ORDERED that the Plaintiff’s Consent Motion for Attorney Fees Under the Equal Access to Justice Act

28 U.S.C. § 2412

(d)(1)(A), Doc. No. 12, is GRANTED, to the extent that the Court will award attorney fees in the amount of $3,400.00. Payment will be made by check payable to Plaintiff’s counsel in accordance with Plaintiff’s assignment to his attorney of his right to payment of attorney’s fees under the Equal Access to Justice Act, and that 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, the debt will be satisfied first, and if any funds remain, they will be made payable to Plaintiff and mailed to Plaintiffs counsel. Ifthe 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.

June 9, 2023

Biever SS Max O. Cogburn i ) United States District Judge ttget

Reference

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