Cabrera v. Comm'r of Soc. Sec.

Full title: PRISILLA JASMINE CABRERA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court: United States District Court, S.D. New York

Date published: Aug 6, 2021

1:20-cv-03883-GWG (S.D.N.Y. Aug. 6, 2021)

Opinion

1:20-cv-03883-GWG

08-06-2021

PRISILLA JASMINE CABRERA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Howard D. Olinsky, Esq. Counsel for Plaintiff Olinsky Law Group

JXBRIEL WUKIRENSTEIN UNITED STATES MAGISTRATE JUDGE

MEMORANDUM ENDORSEMENT

NOTICE OF MOTION FOR ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C.A. § 2412 (WEST)

Howard D. Olinsky, Esq. Counsel for Plaintiff Olinsky Law Group

JXBRIEL WUKIRENSTEIN UNITED STATES MAGISTRATE JUDGE

COUNSEL

PLEASE TAKE NOTICE that upon the annexed affirmation of Howard D. Olinsky, attorney for Plaintiff, and other papers, Plaintiff will make a motion before the Court on a date to be set by the court, for an order:

1. Awarding an Equal Access to Justice Act Counsel Fee for $5, 971.85; and

2. Awarding expenses in the amount of$17.25; and

3. If Plaintiff has no debt registered with the Department of Treasury subject to offset that the fees be made payable to the attorney.

Plaintiffs attorney, Howard D. Olinsky, moves the court for an award to be paid by Defendant under the Equal Access to Justice Act, 28 U.S.C.A. § 2412.

There are no special circumstances in this case which make an award under the EAJA unjust.

This motion is supported by an affirmation of Plaintiffs attorney, attached time and cost records and a Waiver of Direct Payment by Plaintiff.

No opposition having been filed to this motion, it is granted as unopposed. Plaintiff is awarded $5, 971.85 in attorney's fees and $17.25 in expenses under the Equal Access to Justice Act.

So Ordered.