Opinion
Civ. 1:23-CV-00094-GCM
02-05-2024
APRIL DONAHUE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
GRAHAM C. MULLEN UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court through a motion by Plaintiff, April Donahue, for an award of attorney's fees, expenses, and costs pursuant to the Equal Access to Justice Act. Defendant has consented to that motion.
IT IS THEREFORE ORDERED that Plaintiff, April Donahue, is awarded attorney fees in the amount of Five Thousand Three Hundred Dollars and 00/100 Cents ($5,300.00). Full or partial remittance of the EAJA award will be contingent upon a determination by the Government that Plaintiff owes no qualifying, pre-existing debt(s) to the Government.
If Plaintiff has no outstanding federal debt, the Commissioner may honor any EAJA assignment that Plaintiff may provide and make the check(s) payable to Plaintiff's counsel. However, if Plaintiff has an outstanding federal debt, the Commissioner will make the check(s) payable to Plaintiff directly and deliver the check(s) to the business address of Plaintiff's counsel. The amount of EAJA award payable to Plaintiff will be the balance of EAJA award remaining after subtracting the amount of Plaintiff's outstanding federal debt. This award will be paid directly to Plaintiff, April Donahue, and sent to the business address of Plaintiff's counsel. If Plaintiff's outstanding federal debt exceeds the amount of the EAJA award approved pursuant to the Order, the amount of the EAJA award will be used to offset Plaintiff's federal debt and no EAJA award shall be paid.