McArthur v. Colvin

District Court, E.D. North Carolina

McArthur v. Colvin

Trial Court Opinion

In the United States District Court for the Eastern District of North Carolina Western Division Tonya McArthur, Plaintiff, VS. Civil Action No. 5:24-cev-00305-BO-RJ Commissioner of Social Security, Defendant. Order

THIS MATTER IS BEFORE THE COURT on the Plaintiff's Consent Motion for Fees Under the Equal Access to Justice Act

28 U.S.C. § 2412

(d)(1)(A) filed on 04/04/2025. Having reviewed the motion, supporting materials, memorandum in support, and the case file, the Court determines that Plaintiff should be awarded an attorney’s fee under the Equal Access to Justice Act (“EAJA”),

28 U.S.C. § 2412

(d), in the amount of $5,250.00 and filing fee costs of $405.00. IT IS ORDERED that the Plaintiff's Motion for Fees Under the Equal Access

to Justice Act

28 U.S.C. § 2412

(d)(1)(A) filed is GRANTED, to the extent that the Court will award attorney fees in the amount of $5,250.00 and filing fee costs of $405.00, and that under Comm ’r of Soc. Sec. v. Ratliff, 560 U.S. --,

130 S. Ct. 2521

(2010), the fee award will first be subject to offset any debt Plaintiff may owe to the United States. The Commissioner will determine whether Plaintiff owes a debt to the United States. Ifso, 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 Plaintiff does

not owe a federal debt, in that case, 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, this day of ipAap 20607

} é AAwtat A f fA 4 a □□ Terrance Boyle United States District Judge

Reference

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