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Arellano v. Kijakazi

United States District Court, District of New Mexico
Nov 29, 2023
CV 23-650 SCY (D.N.M. Nov. 29, 2023)

Summary

imposing the same conditions

Summary of this case from T.A.P. v. Comm'r, Soc. Sec. Admin.

Opinion

CV 23-650 SCY

11-29-2023

JESSICA LYNN MARIE ARELLANO, Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER

Upon consideration of the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the Court hereby awards Plaintiff $619.65 in attorney fees under the EAJA.

IT IS SO ORDERED that the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (Dkt. No. 17) is hereby GRANTED. Plaintiff is awarded attorney fees in the amount of $619.65 as the prevailing party herein. It is further ordered that if, after receiving the Court's EAJA fee order, the Commissioner (1) determines upon effectuation of the Court's EAJA fee order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (2) agrees to waive the requirements of the Anti-Assignment Act, the fees will be made payable to Plaintiff's attorney. However, if there is a debt owed under the Treasury Offset Program, the Commissioner cannot agree to waive the requirements of the AntiAssignment Act, and the remaining EAJA fees after offset will be paid by a check made out to Plaintiff but delivered to Plaintiff's attorney. If Plaintiff's counsel is subsequently awarded any fees pursuant to 42 U.S.C. §406(b), she must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).


Summaries of

Arellano v. Kijakazi

United States District Court, District of New Mexico
Nov 29, 2023
CV 23-650 SCY (D.N.M. Nov. 29, 2023)

imposing the same conditions

Summary of this case from T.A.P. v. Comm'r, Soc. Sec. Admin.
Case details for

Arellano v. Kijakazi

Case Details

Full title:JESSICA LYNN MARIE ARELLANO, Plaintiff, v. KILOLO KIJAKAZI, ACTING…

Court:United States District Court, District of New Mexico

Date published: Nov 29, 2023

Citations

CV 23-650 SCY (D.N.M. Nov. 29, 2023)

Citing Cases

T.A.P. v. Comm'r, Soc. Sec. Admin.

IT IS FURTHER ORDERED that if, after receiving this Order, the Commissioner (1) determines that Plaintiff…