Opinion
Civil Action 5:22-CV-00331 -TJM
08-18-2023
RYLEE JUNE C., Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant
Stipulation - Document Filed Electronically
CONSENT ORDER FOR PAYMENT OF FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
HON. THOMAS J. MCAVOY, UNITED STATES DISTRICT COURT
IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that Plaintiff be awarded attorney fees and expenses under the Equal Access to Justice Act (EA.JA) (28 U.S.C. § 2412) in the amount of five thousand and thirty-two dollars and sixty-three cents ($5,032.63).
The award of attorney fees will satisfy all of Plaintiffs claims for fees, costs, and expenses under 28 U.S.C. §2412 in this case. Any fees paid belong to Plaintiff and not to her attorney and can be offset to satisfy pre-existing debt that Plaintiff owes the United States. Astrue v. Ratliff, 560 U.S. 586 (2010). After the Court enters this award, if Defendant can verify that Plaintiff owes no preexisting debt subject to offset, Defendant agrees to make the award payable to Plaintiffs attorney pursuant to the EAJA assignment signed by Plaintiff and counsel.
AND, the Court having reviewed the record in this matter;
ORDERED that Plaintiff be awarded fees under EAJA in the amount of $5,032.63, and that the fees are payable to the Plaintiff, but if Plaintiff does not owe a debt subject to offset, payable to Plaintiffs attorney.
ORDERED that the within matter is dismissed with prejudice.
The undersigned hereby consent to the form and entry of the within order.