IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL ACTION NO. 1:23-CV-00299-KDB MICHAEL TOCHTERMAN, Plaintiff, v. ORDER MARTIN O’MALLEY, Commissioner of Social Security, Defendant. THIS MATTER IS BEFORE THE COURT on Plaintiff’s Motion for Fees Pursuant to the Equal Access to Justice Act

(d)(1)(A) (Doc. No. 10). For good cause shown, and without opposition from the Government, 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 $5,900.00. See

(d). Under Comm’r of Soc. Sec. 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, 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

(d) shall be filed. SO ORDERED. Signed: February 12, 2024

LAL hon SD gO Kenneth D. Bell United States District Judge nou