Weathers v. Commissioner of Social Security
Weathers v. Commissioner of Social Security
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:23-CV-00286-KDB
HOWARD WEATHERS,
Plaintiff,
v. ORDER
KILOLO KIJAKAZI, Acting Commissioner Of Social Security
Defendant.
THIS MATTER IS BEFORE THE COURT on the Plaintiff’s Motion for Fees Pursuant to the Equal Access to Justice Act
28 U.S.C. § 2412(d)(1)(A). (Doc. No. 13). Having reviewed the Motion, the parties’ stipulation (Doc. No. 14), and for good cause shown, the Court will grant the relief requested. IT IS HEREBY ORDERED that the Plaintiff’s Motion is GRANTED and the Court awards fees in the amount of $2,805.06. See
28 U.S.C. § 2412(d). Under Comm’r of Soc. Sec. v. Ratliff,
560 U.S. 586,
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 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
28 U.S.C. § 2412(d) shall be filed. SO ORDERED.
Signed: December 6, 2023
LeS ta DD ge Kenneth D. Bell United States District Judge nou
Reference
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