Opinion
Civil Action 8:23-cv-01200-DJS
01-02-2024
BRYAN M. DUBUQUE Plaintiff, v. MARTIN O'MALLEY, COMMISSIONER OF SOCIAL SECURITY[1] Defendant.
Martin O'Malley, By His Attorneys Carla B. Freedman, United States Attorney Geoffrey M. Peters Special Assistant United States Attorney Office of Program Litigation, Office of the General Counsel Social Security Administration Brian M. Dubuque, By His Attorney Mark Schneider Mark Schneider Schneider & Palcsik
Stipulation - Document Filed Electronically
Martin O'Malley, By His Attorneys Carla B. Freedman, United States Attorney Geoffrey M. Peters Special Assistant United States Attorney Office of Program Litigation, Office of the General Counsel Social Security Administration
Brian M. Dubuque, By His Attorney Mark Schneider Mark Schneider Schneider & Palcsik
Signed by SAUSA Peters on behalf of Mr. Schneider with his consent obtained via email.
CONSENT ORDER FOR PAYMENT OF FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
Hon. Daniel J. Stewart United States Magistrate Judge
IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that Plaintiff be awarded attorney fees and expenses under the Equal Access to Justice Act (EAJA) (28 U.S.C. § 2412) in the amount of five hundred and eighty-two dollars and fifty five cents ($582.55).
The award of attorney fees will satisfy all of Plaintiff's claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this case. Any fees paid belong to Plaintiff and not to his attorney and can be offset to satisfy pre-existing debt that Plaintiff owes the United States. Astrue v. Ratliff, 560 U.S. 586 (2010). After the Court enters this award, if Defendant can verify that Plaintiff owes no preexisting debt subject to offset, Defendant agrees to make the award payable to Plaintiff's attorney pursuant to the EAJA assignment signed by Plaintiff and counsel.
AND, the Court having reviewed the record in this matter;
IT IS on this 2 day of January, 2024;
ORDERED that Plaintiff be awarded fees under EAJA in the amount of $582.55, and that the fees are payable to the Plaintiff, but if Plaintiff does not owe a debt subject to offset, payable to Plaintiff's attorney.
ORDERED that the within matter is dismissed with prejudice.
The undersigned hereby consent to the form and entry of the within order.