The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Civil No. 3:23-CV-00071-FDW-SCR
CHERYL DENISE )
WILLIS-HAMMOND, )
)
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. 13), and
supporting exhibits. Plaintiff indicates that Defendant has consented to this Motion. Having
reviewed the Motion, supporting exhibits, and the case file, the Court determines that Plaintiff
should be awarded attorney fees under EAJA, 28 U.S.C. § 2412(d), in the amount of $3,945.00.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorney Fees, (Doc. No.
13) is GRANTED. The Court will award attorney fees in the amount of $3,945.00, 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 Plaintiff’s 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: August 30, 2023
7 7
Susan C. Rodriguez ‘
United States Magistrate Judge + MEY