Meeks v. Commissioner of Social Security
Meeks v. Commissioner of Social Security
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL ACTION NO. 1:23-CV-00315-KDB
TORRAN DONALD MEEKS,
Plaintiff,
v. ORDER
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
THIS MATTER IS BEFORE THE COURT on Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act,
28 U.S.C. § 2412(Doc. No. 12). Having reviewed the motion, and for good cause shown, the Court will grant the relief requested. IT IS HEREBY ORDERED that the parties’ request is GRANTED and the Court awards Plaintiff fees in the amount of $6,153.15. 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: July 8, 2024
Kenneth D. Bell United States District Judge HOU
Reference
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