IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHVILLE DIVISION No. 1:24-CV-00056

ADDIE G. MORGAN III,

Plaintiff, v. ORDER

MARTIN O’MALLEY, Commissioner of Social Security Administration,

Defendant.

THIS MATTER comes before the Court on Plaintiff’s Consent Motion for Attorney Fees pursuant to the Equal Access to Justice Act (“EAJA”),

and supporting exhibits. (Doc. No. 11). Plaintiff indicates that Defendant has consented to this Motion, and Defendant has not objected to the requested fees. (Id.). Having reviewed the Motion, supporting exhibits, and the case file, the Court will grant Plaintiff’s motion. IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorney Fees, (Doc. No. 11) is GRANTED. The Court will award attorney fees in the amount of $3,200.00, and pursuant to Astrue v. Ratliff,

(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, that 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 any debt, the Government will exercise its discretion and honor an assignment of EAJA fees and pay those fees directly to the Plaintiff's counsel. No additional petition pursuant to

(d) shall be filed. SO ORDERED.

Signed: August 7, 2024

p-crvrnne< Max O. Cogburn Jr & United States District Judge Foal gle ot