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Rhoney v. Comm'r of Soc. Sec.

United States District Court, W.D. North Carolina, Statesville Division
Nov 15, 2022
5:21-cv-00011-RJC-DSC (W.D.N.C. Nov. 15, 2022)

Opinion

5:21-cv-00011-RJC-DSC

11-15-2022

LESLIE RHONEY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER

ROBERT J. CONRAD, JR. UNITED STATES DISTRICT JUDGE

THIS MATTER is before the Court on the Plaintiff's Consent Motion for Fees Pursuant to the Equal Access to Justice Act (“EAJA”) (Doc. No. 26). By the consent of the parties, the Court orders as follows:

1. The Social Security Administration shall pay $10,000.00 in attorney's fees to the Plaintiff in full settlement and satisfaction of any and all claims for attorney's fees for legal services rendered under the EAJA, 28 U.S.C. § 2412(d).

2. With respect to the Plaintiff's signed assignment of EAJA fees to the Plaintiff's attorney, in accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), the Commissioner will determine whether the 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 the Plaintiff and mailed to the Plaintiff's attorney. If the 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 the assignment of EAJA fees and pay the awarded fees directly to the Plaintiff's attorney.

IT IS, THEREFORE, ORDERED that the Plaintiff's Consent Motion for Fees (Doc. No. 26) is GRANTED.


Summaries of

Rhoney v. Comm'r of Soc. Sec.

United States District Court, W.D. North Carolina, Statesville Division
Nov 15, 2022
5:21-cv-00011-RJC-DSC (W.D.N.C. Nov. 15, 2022)
Case details for

Rhoney v. Comm'r of Soc. Sec.

Case Details

Full title:LESLIE RHONEY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Nov 15, 2022

Citations

5:21-cv-00011-RJC-DSC (W.D.N.C. Nov. 15, 2022)