THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL CASE NO. 3:22-cv-00523-MR ERIC SEAMON, ) ) Plaintiff, ) ) vs. ) O R D E R ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. ) ___________________________________ ) THIS MATTER is before the Court on the Plaintiff’s Consent Motion for Fees Pursuant to the Equal Access to Justice Act

and Costs [Doc. 16]. The Plaintiff seeks an award of attorney’s fees in the amount of $6,000.00 in full satisfaction of any and all claims by the Plaintiff in this case pursuant to the Equal Access to Justice Act,

(“EAJA”). [Doc. 16]. The Plaintiff also seeks an award of $24.18 for expenses incurred in filing this action pursuant to

(d). [Id.]. The Commissioner stipulates to such an award. [Id.]. In light of the Court’s prior remand of this matter, and in the absence of any contention by the Commissioner that her position was substantially justified or that special circumstances exist that would render an award of attorney’s fees unjust, the Court concludes that the Plaintiff is entitled to an award of attorney’s fees and expenses under the

EAJA. The Court further concludes that the Plaintiff is entitled to an award of $402.00 for costs incurred as a result of filing this action. The Plaintiff requests that the EAJA award be paid directly to Plaintiff’s

counsel as the Plaintiff’s assignee. In support of this request, the Plaintiff has submitted a fee agreement executed by the Plaintiff, pursuant to which the Plaintiff has agreed to assign any EAJA fee award in favor of counsel. [Doc. 17-1]. The Court finds that the Commissioner should accept this

assignment of the awarded fees by the Plaintiff to counsel and upon receipt of such assignment, the Commissioner will pay that award of fees directly to Plaintiff’s counsel, provided that it is shown that the Plaintiff does not owe

any debt to the United States Government which is subject to offset. See Astrue v. Ratliff,

(2010). IT IS, THEREFORE, ORDERED that: (1) The Plaintiff’s Consent Motion [Doc. 16] is hereby GRANTED,

and the Plaintiff is hereby awarded attorney’s fees and expenses in the amount of Six Thousand Twenty-Four Dollars and Eighteen Cents ($6,024.18), which sum is in full satisfaction of

2 any and all claims by the Plaintiff in this case pursuant to

(d);

(2) Within thirty (30) days of the entry of this Order, or some other time as determined by the Court upon good cause shown, the Commissioner shall inform Plaintiff’s counsel whether the

Plaintiff owes a debt to the Government by which this fee award may be offset. Before any funds are disbursed to counsel, the Plaintiff’s counsel shall provide a valid fee assignment to the Commissioner;

(3) The sum of Four Hundred and Two Dollars ($402.00) in costs shall be reimbursed to the Plaintiff from the Treasury Judgment Fund upon certification thereof by the Office of the United

States Attorney to the Department of Treasury. (4) In the event that past-due benefits are awarded on remand, the Plaintiff shall have sixty (60) days after being served with notice of the past-due benefits award to file for an award of fees

pursuant to the Social Security Act,

(b); and (5) No additional Petition pursuant to

(d) may be filed.

3 ITIS SO ORDERED. Signed: July 3, 2023

ee as Chief United States District Judge WG