Gerald G. M. v. Comm'r of Soc. Sec.

Full title: GERALD G. M., JR., Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant

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

Date published: Jan 9, 2024

Civil Action 5:23-cv-00870-DNH-ML (N.D.N.Y. Jan. 9, 2024)

Opinion

Civil Action 5:23-cv-00870-DNH-ML

01-09-2024

GERALD G. M., JR., Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant

Martin J. O'Malley, Commissioner of Social Security By His Attorneys, Carla B. Freedman, United States Attorney Geoffrey M. Peters Special Assistant United States Attorney Social Security Administration Office of Program Litigation, Office of the General Counsel Gerald G. M., Jr., By His Attorney, Howard D. Olinsky, Esq. Olinsky Law Group

DAVID N. HURD U.S. DISTRICT JUDGE

Stipulation - Document Filed Electronically

Martin J. O'Malley, Commissioner of Social Security By His Attorneys, Carla B. Freedman, United States Attorney Geoffrey M. Peters Special Assistant United States Attorney Social Security Administration Office of Program Litigation, Office of the General Counsel

Gerald G. M., Jr., By His Attorney, Howard D. Olinsky, Esq. Olinsky Law Group

CONSENT ORDER FOR PAYMENT OF FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT

DAVID N. HURD U.S. DISTRICT 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 one thousand, twenty-two dollars and sixty-four cents ($1,022.64).

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 10th day of January, 2024;

ORDERED that Plaintiff be awarded fees under EAJA in the amount of $1,022.64, 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.