Opinion
6:21-CV-01214-DDC
11-18-2022
D.K.R., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
DUSTIN J. SLINKARD United States Attorney JAMES L. BURGESS, CO Bar #36933 Special Assistant United States AttorneyKelsey Young KS Bar #25679 Attorney for Plaintiff Parmele Law Firm, P.C.
DUSTIN J. SLINKARD United States Attorney
JAMES L. BURGESS, CO Bar #36933 Special Assistant United States AttorneyKelsey Young KS Bar #25679 Attorney for Plaintiff Parmele Law Firm, P.C.
MEMORANDUM AND ORDER GRANTING PLAINTIFF'S MOTION FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
Daniel D. Crabtree, United States District Judge
The court previously remanded this case for further administrative proceedings under 42 U.S.C. § 405(g) (see ECF No. 15). Plaintiff then requested attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (ECF No. 17). After reviewing the file and being advised by the parties that they have now agreed to an attorney fee award under the EAJA in connection with the court-related representation of plaintiff in this Social Security appeal, the court finds that reimbursement should be made for attorney fees in the amount of $4,738.50.
The title of plaintiff's motion recites that it is opposed. Doc. 17. But since the filing of the motion, the parties informally have notified the court that they have stipulated to the requested fee award.
In accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA attorney fee is payable to the plaintiff as the litigant and may be subject to offset to satisfy any pre-existing debt the litigant may owe to the United States. In addition, if plaintiff's counsel ultimately receives an award of attorney fees under 42 U.S.C. § 406(b), she must refund the smaller award to plaintiff under Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS THEREFORE ORDERED THAT plaintiff's Motion for An Award of Attorney Fees (Doc. 17) is granted. Under 28 U.S.C. § 2412, plaintiff is granted attorney fees under the EAJA in the amount of $4,738.50. The check for attorney fees should be made payable to plaintiff and mailed to plaintiff's attorney address.
IT IS SO ORDERED.