George v. Kijakazi ( 2021 )

: IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Synavia GEORGE, ORDER FOR ATTORNEY’S FEES Plaintiff, under THE EQUAL ACCESS TO JUSTICE ACT v. Kilolo KIJAKAZI, Acting Commissioner of Social Se- No: 7:20-CV-00251-D curity, Defendant. ORDER Pursuant to the power of this court to award fees to a prevailing party other than the United States incurred by that party in a civil action against the United States, includ- ing proceedings for judicial review of agency action, under the Equal Access to Justice □ Act (““EAJA”), 28 U.S.C. § 2412(d), and in light of this court’s November 18, 2021 Judgment remanding this case to Defendant Acting Commissioner for further administra- tive proceedings and the parties Consent Motion, IT IS HEREBY ORDERED that the Defendant pay $2,009.29 in attorney in full satisfaction of any and all claims Plaintiff may have in this case under the Equal Access to Justice Act. □ Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 560 U.S. 586, 130 S. Ct. 1251 (2010), these attorney fees are payable to Plaintiff as the prevailing party and are subject to offset through the Treasury Department’s Offset Program to sat- isfy any preexisting debt Plaintiff may owe to the United States Government. If, subse- quent to the entry of this Order, the Commissioner determines that Plaintiff owes no debt to the United States that would subject this award of attorney’s fees to offset, the Com- ‘missioner may honor Plaintiff’s assignment of EAJA fees providing for payment of the subject fees to Plaintiffs counsel, rather than to Plaintiff. If, however, Plaintiffis discov- . ered to owe the government any debt subject to offset, the Commissioner shall pay any attorney fees remaining after such offset to Plaintiff rather than to counsel. Should this occur, any remaining fees made payable to Plaintiff shall be sent to her counsel. SO ORDERED. This._20 day of December, 2021. JAMES C. DEVER III UNITED STATES DISTRICT JUDGE