Opinion
5:20-cv-01262-GTS-DJS
12-06-2021
Jennifer Rena Rogers, Plaintiff, v. Kilolo Kijakazi, Acting Commissioner of the Social Security Administration, Defendant.
Kilolo Kijakazi, By Her Attorneys Jennifer Rena Rogers, By Her Attorney Luis Pere Special Assistant United States Attorney N.D.N.Y. Bar Roll No. 701031 Social Security Administration, OGC Justin M. Goldstein Law Offices of Kenneth Hiller, PLLC
Kilolo Kijakazi,
By Her Attorneys
Jennifer Rena Rogers,
By Her Attorney
Luis Pere
Special Assistant United States Attorney
N.D.N.Y. Bar Roll No. 701031
Social Security Administration, OGC
Signed by Luis Pere with Justin M. Goldstein's permission.
Law Offices of Kenneth Hiller, PLLC
Daniel J. Stewart, United States Magistrate Judge
STIPULATION AND ORDER TO AWARD FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA)
Hon. Glenn T. Sudaby, Chief U.S. District Judge
The parties submit this stipulation in response to plaintiff's motion for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (Doc. 22).
The undersigned counsel have reviewed the file, litigation history and fee petition in this case. After discussing the petition, the parties have agreed to resolve the matter of entitlement to attorney fees by stipulation. Specifically:
IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that plaintiff is awarded attorney fees in the amount of $6,500.00 in full satisfaction and settlement of any and all claims plaintiff may have under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. This award accounts for any claim for EAJA fees, expenses and costs.
Any fees paid belong to plaintiff, and not to her attorney, and may be offset to satisfy any pre-existing debt that plaintiff owes the United States under Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521 (2010). After the Court enters this award, if counsel for the defendant can verify that plaintiff owes no pre-existing debt subject to the offset, defendant will direct that the award be made payable to plaintiffs attorney pursuant to the EAJA assignment duly signed by plaintiff and counsel (Doc. 22-3).
AND, the Court having reviewed this matter, IT IS So Ordered.