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Gravel v. O'Malley

United States District Court, W.D. North Carolina, Statesville Division
Nov 22, 2024
5:24-cv-140-MOC (W.D.N.C. Nov. 22, 2024)

Opinion

5:24-cv-140-MOC

11-22-2024

JENNIFER GRAVEL, Plaintiff, v. MARTIN J. O'MALLEY, COMMISSIONER OF SOCIAL SECURITY, Defendant


ORDER

Max O. Cogburn Jr. United States District Judge

THIS MATTER is before the Court on Plaintiffs motion for an award of attorney's fees, pursuant to the Equal Access to Justice Act. (Doc. No. 10). Defendant has consented to the motion.

The motion is GRANTED. It is hereby ORDERED that Plaintiff is awarded $3200.00 in attorney fees under EAJA. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (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 Plaintiffs counsel. If the United States Department of the Treasury reports to the Commissioner that 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 Plaintiffs counsel.


Summaries of

Gravel v. O'Malley

United States District Court, W.D. North Carolina, Statesville Division
Nov 22, 2024
5:24-cv-140-MOC (W.D.N.C. Nov. 22, 2024)
Case details for

Gravel v. O'Malley

Case Details

Full title:JENNIFER GRAVEL, Plaintiff, v. MARTIN J. O'MALLEY, COMMISSIONER OF SOCIAL…

Court:United States District Court, W.D. North Carolina, Statesville Division

Date published: Nov 22, 2024

Citations

5:24-cv-140-MOC (W.D.N.C. Nov. 22, 2024)