Bennett v. O'Malley ( 2024 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION ALLISON BENNETT, ) ) Plaintiff, ) ) vs. ) JUDGMENT IN A CIVIL CASE ) CASE NO. 7:24-CV-258-D MARTIN O’MALLEY, Acting ) Commissioner of Social Security, ) ) Defendant. ) Decision by Court. IT IS ORDERED, ADJUDGED, AND DECREED that the Plaintiff’s Motion for Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(l)(A) [D.E. 20], is GRANTED. To the extent that the Court will award attorney fees in the amount of $3,438.23, and that pursuant to Comm'r of Soc. Sec. v. Ratliff, 560 U.S. --, 130 S. Ct. 2521 (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 28 U.S.C. § 2412(d) shall be filed. This Judgment filed and entered on October 28, 2024, and copies to: All counsel of record as listed in this matter (via CM/ECF electronic notification) October 28, 2024 Peter A. Moore, Jr. Clerk of Court By: /s/ Stephanie Mann Deputy Clerk