Opinion

Tower v. Bisignano

Court
District Court, E.D. North Carolina
Filed
Jul 21, 2025
Cited by
0 cases
Authority
More cited than 38.1%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

No. 7:24-CV-843-BO-BM

CAROLYN TOWER, )

Plaintiff,

Vv. ORDER

FRANK BISIGNANO,

Commissioner of Social Security, _)

Defendant.

THIS MATTER comes before the Court on Plaintiff's Motion for Attorney Fees pursuant

to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, (Doc. No. 19), and supporting

exhibits. Plaintiff indicates that Defendant has stipulated 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 $3,000.00.

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

19) is GRANTED. The Court will award attorney fees in the amount of $3,000.00, 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 4537, Mooresville, North

Carolina 28117. No additional petition pursuant to 28 U.S.C. § 2412(d) shall be filed.

DATED: = $4 WW

TERRENCE W. BOYLE

UNITED STATES DISTRICT JUDGE

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.