Opinion
3:21-CV-00227-JTK
09-16-2022
DAVID CLAPP, PLAINTIFF v. KILOLO KIJAKAZI Acting Commissioner Social Security Administration, DEFENDANT
ORDER
JEROME T. KEARNEY, UNITED STATES MAGISTRATE JUDGE
Pending before the Court is Plaintiff David Clapp's Motion for Attorney's Fees pursuant to the Equal Access to Justice Act (“EAJA”). (Doc. No. 21) Mr. Clapp requests a total of $4,069.89 (which includes $4,047.90 in fees and $21.99 in expenses). (Doc. No. 21) Defendant does not object to this award. (Doc. No. 23) After careful consideration, the Court finds that Mr. Clapp should be awarded reasonable attorney's fees.
EAJA fees are payable to plaintiffs, not plaintiffs' attorneys, and such fees are subject to an offset when a plaintiff has outstanding federal debts. See Astrue v. Ratliff, 560 U.S. 586, 589 (2010). Therefore, subject to any offset, payment by check to the order of Mr. Clapp, in care of his attorney, will issue to his attorney.
Accordingly, the Motion for Attorney's Fees pursuant to the EAJA (Doc. No. 21) is GRANTED. Mr. Clapp is awarded $4,069.89.
SO ORDERED.