Opinion
22-cv-282 (TNL)
11-21-2023
Paris F. F., Plaintiff, v. Kilolo Kijakazi, Acting Commissioner of Social Security, Defendant.
Clifford Michael Farrell, Manring & Farrell, and Edward C. Olson, Reitan Law Office, (for Plaintiff); and Ana H. Voss, United States Attorney's Office, James D. Sides and Chris Carillo, Social Security Administration, (for Defendant).
Clifford Michael Farrell, Manring & Farrell, and Edward C. Olson, Reitan Law Office, (for Plaintiff); and
Ana H. Voss, United States Attorney's Office, James D. Sides and Chris Carillo, Social Security Administration, (for Defendant).
ORDER
Tony N. Leung, United States Magistrate Judge
This matter comes before the Court on the parties' Joint Motion for an Award of Attorney Fees Under the Equal Access to Justice Act, ECF No. 26, regarding fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d).
The parties have stipulated to an award to Plaintiff in the amount of $6,000.00 in attorney fees and a reimbursement to counsel in the amount of $0.00 in costs, for a total of $6,000.00, in full satisfaction and settlement of any and all claims Plaintiff may have under the EAJA. ECF No. 27 at 1. The parties acknowledge that under Astrue v. Ratliff, 560 U.S. 586 (2010), any award belongs to the plaintiff (and not counsel) and that such an award “can be offset to satisfy pre-existing debt that [the p]laintiff owes the United States.” Accordingly, pursuant to the parties' agreement and Joint Motion, the Court awards $6,000.00 in fees and costs under the EAJA.
Based on the foregoing, and all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. The parties' Joint Motion for an Award of Attorney Fees Under the Equal Access to Justice Act, ECF No. 26, is GRANTED.
2. Plaintiff is awarded $6,000.00 in fees and costs under the EAJA, subject to offset by any preexisting debt that Plaintiff owes to the United States.
3. Any EAJA fees shall be paid to Plaintiff as the litigant pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010).