Hannagan v. Commissioner of Social Security
Hannagan v. Commissioner of Social Security
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL ACTION NO. 5:24-CV-00034-KDB
WILLIAM HANNAGAN,
Plaintiff,
v. ORDER
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
THIS MATTER is before the Court on Plaintiff’s Amended Petition for Attorney Fees Under the Equal Access to Justice Act
28 U.S.C. § 2412(Doc. No. 12), to which the Defendant consents. Having reviewed the motion, and for good cause shown, the Court will grant the relief requested. IT IS HEREBY ORDERED that the parties’ amended request is GRANTED and the Court awards Plaintiff fees in the amount of $4,700.00. Accordingly, Plaintiff’s original Petition for Attorney Fees is DENIED as moot (Doc. No. 11). 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: November 13, 2024
Kenneth D. Bell Vy, United States District Judge \ i
Reference
- Status
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