G.C. v. Kijakazi

Full title: G.C., [1]Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social…

Court: United States District Court, District of Kansas

Date published: Sep 8, 2021

No. 20-1351-DDC (D. Kan. Sep. 8, 2021)

Opinion

20-1351-DDC

09-08-2021

G.C., [1]Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.

Daniel D. Crabtree United States District Judge

MEMORANDUM AND ORDER

Daniel D. Crabtree United States District Judge

This Order stems from Plaintiff's Attorney's Unopposed Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act (Doc. 18). The motion asks the court to award $799.50 in attorney's fees under 28 U.S.C. § 2412. See Id. at 1. And, the motion is unopposed. See Id. (“Counsel for the Commissioner has no objection to the award and has stipulated to the amount.”). Finding this amount reasonable and because the motion is unopposed, the court grants the request. ²

2 Plaintiff's attorney previously filed a similar motion with an identical title: Plaintiff's Attorney's Unopposed Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act (Doc. 16). Plaintiff then filed another motion which she docketed as an “Amended” motion. See Doc. 18. The court treats the most recent version of this motion as the operative filing. So, the court denies as moot Doc. 16i.e., the older version of this same request.

Under the Equal Access to Justice Act, an award of attorney's fees is payable to plaintiff as the litigant and may be subject to offset to satisfy any pre-existing debt the litigant may owe to the United States government. Astrue v. Ratliff, 560 U.S. 586, 589 (2010). If plaintiff's counsel also receives an award of attorney's fees under 42 U.S.C. § 406(b), she must refund the smaller award to plaintiff. Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

IT IS THEREFORE ORDERED BY THE COURT THAT Plaintiff's Attorney's Unopposed Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act (Doc. 18) is granted. Under 28 U.S.C. § 2412, plaintiff is granted attorney's fees in the amount of $799.50. The check for attorney's fees should be made payable to plaintiff and mailed to plaintiff's attorney's address.

IT IS FURTHER ORDERED BY THE COURT THAT Plaintiff's Attorney's Unopposed Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act (Doc. 16) is denied as moot.

IT IS SO ORDERED.