Opinion

Sykes v. Commissioner of Social Security

Court
District Court, W.D. North Carolina
Filed
Feb 22, 2023
Cited by
0 cases
Authority
More cited than 24.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

STATESVILLE DIVISION

Civil No. 5:22-cv-00078-DSC

KEESHA DENISE SYKES, )

)

Plaintiff, )

)

v. ) ORDER

)

KILOLO KIJAKAZI, )

Acting Commissioner of Social )

Security, )

)

Defendant. )

THIS MATTER comes before the Court on Plaintiff’s Consent Motion for Attorney Fees

pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, (Doc. No. 18), and

supporting exhibits. Plaintiff represents that Defendant has consented to this Motion, and

Defendant has not objected to the requested fees and the time for doing so has expired. (Id.).

Having reviewed the Motion, supporting exhibits, and the case file, the Court determines that

Plaintiff should be awarded attorney fees under EAJA in the amount of $3,200.00.

IT IS THEREFORE ORDERED that Plaintiff’s Motion for Attorney Fees, (Doc. No.

18) is GRANTED. The Court will award attorney fees in the amount of $3,200.00, and 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 her counsel. If the United States Department of the

Treasury reports to the Commissioner that the 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

the Plaintiff's counsel, Aaron L. Dalton, Chad Brown Law, P.O. Box 786, Statesville, North

Carolina 28687. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.

SO ORDERED. Signed: February 22, 2023

David S. Cayer

United States Magistrate Judge aE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.