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George F. v. Kijakazi

United States District Court, N.D. New York
Jan 3, 2022
1:20-CV-868 (FJS/DJS) (N.D.N.Y. Jan. 3, 2022)

Opinion

1:20-CV-868 (FJS/DJS)

01-03-2022

GEORGE F., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant.

OLINSKY LAW GROUP HOWARD D. OLINSKY, ESQ. Attorneys for Plaintiff SOCIAL SECURITY ADMINISTRATION AMY BLAND, ESQ. Attorneys for Defendant


OLINSKY LAW GROUP HOWARD D. OLINSKY, ESQ. Attorneys for Plaintiff

SOCIAL SECURITY ADMINISTRATION AMY BLAND, ESQ. Attorneys for Defendant

ORDER

SCULLIN, Senior Judge

On September 20, 2021, the Court entered judgment in this case. See Dkt. No. 24. On December 17, 2021, Plaintiff filed a motion for attorney's fees in the amount of $5,294.65 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA"), and for costs in the amount of $400.00. See Dkt. No. 25. Plaintiff filed documentation supporting his motion for attorney's fees, including Plaintiff's waiver of direct payment of the EAJA fees and assigning said fees to be paid directly to his attorney. See Dkt. Nos. 25-2 through 25-8.

On December 30, 2021, Defendant filed her response, in which she stated that she had no objection to Plaintiffs motion to the extent that motion sought attorney's fees in the amount of $5,294.65 under the EAJA and costs in the amount of $400.00, which "shall be paid from the Judgment Fund to Plaintiff by the Secretary of the Treasury after certification by the Attorney General, pursuant to 28 U.S.C. § 2414, as referenced in 28 U.S.C. § 2412(d)." See Dkt. No. 26.

Having reviewed the parties' submissions, the Court hereby

ORDERS that Plaintiffs motion for an award of attorney's fees in the amount of $5,294.65 pursuant to the EAJA and for costs in the amount of $400.00, see Dkt. No. 25, is GRANTED; and the Court further

ORDERS that, in light of Plaintiff s waiver of direct payment of the EAJA fees and costs and assignment of those fees and costs to be paid directly to his attorney and, assuming Plaintiff has no debt registered with the Department of Treasury subject to offset, that the award be made payable to Plaintiffs attorney.

IT IS SO ORDERED.


Summaries of

George F. v. Kijakazi

United States District Court, N.D. New York
Jan 3, 2022
1:20-CV-868 (FJS/DJS) (N.D.N.Y. Jan. 3, 2022)
Case details for

George F. v. Kijakazi

Case Details

Full title:GEORGE F., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of the…

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

Date published: Jan 3, 2022

Citations

1:20-CV-868 (FJS/DJS) (N.D.N.Y. Jan. 3, 2022)