# Rivera v. Bisignano

> District Court, E.D. North Carolina · July 24, 2025

URL: https://www.frixlaw.com/law-library/cases/11107489

## Case

- **Court:** District Court, E.D. North Carolina
- **Decided:** July 24, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11107489

## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

No. 5:24-CV-00347-FL-RN

AMBER RIVERA, Substitute party )
on behalf of Michelle Gonzalez, )
Deceased )
Plaintiff, )
) PLAINTIFF’S CONSENT PETITION
v. ) FOR ATTORNEY FEES
) UNDER THE EQUAL
FRANK BISIGNANO, ) ACCESS TO JUSTICE ACT
Commissioner of Social Security ) 28 U.S.C. § 2412
)
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. 15), 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 $4,800.00.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorney Fees, (Doc. No.
15) is GRANTED. The Court will award attorney fees in the amount of $4,800.00, 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.
Signed: July 24,2025

(ar a. Lbregen
Louise Wood Flanagan
United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11107489. Public record. Not legal advice.