Opinion
Civil Action 3:20-CV-75-KHJ-JCG
11-17-2021
YOLANDA BROWN PLAINTIFF v. KILOLO KIJAKAZI, Acting Commissioner of Social Security DEFENDANT
ORDER
The Court, having reviewed Plaintiff's Motion for Award of Attorney Fees under the Equal Access to Justice Act, Plaintiff's Brief in support thereof, and Defendant's Response thereto advising that Plaintiff's Motion is unopposed, finds that Plaintiff's Motion is well taken and should be granted. Accordingly, it is hereby ORDERED that the Defendant shall pay an attorney's fee of $4,101.38 under the Equal Access to Justice Act.
IT IS THEREFORE ORDERED AND ADJUDGED that the Defendant Commissioner of Social Security shall pay to Plaintiff the sum of $4,101.38 for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). This award shall be made payable to Plaintiff, subject to any legitimate offset for indebtedness owed by the Plaintiff to the United States of America, and delivered to Plaintiff's attorney of record. See 31 U.S.C. §§ 3711, 3716; Astrue v. Ratliff, 560 U.S. 586, 593 (2010); Jackson v. Astrue, 705 F.3d 527, 531 n.11 (5th Cir. 2013) (citing McGraw v. Barnhart, 450 F.3d 493, 503 (10th Cir. 2006). In the event that there is a debt owed by the Plaintiff under the Treasury Department's Offset Program prior to the foregoing award being issued, any remaining EAJA fees, after offset, shall be paid by check(s) made payable directly to Plaintiff and delivered to Plaintiff's attorney of record.
SO ORDERED.