Opinion
Civil Action 3:20-CV-0271 (DEP)
12-23-2021
SARAH M., Plaintiff, v. KILOLO KIJAKAZI, [1] Acting Commissioner Of the Social Security Administration, Defendant.
CARLA B. FREEDMAN Daniel Tarabelli Peter Gorton
CARLA B. FREEDMAN
Signed by Peter Gorton with permission of Daniel Tarabelli.
Peter Gorton
CONSENT ORDER
DAVID E. PEEBLES, UNITED STATES MAGISTRATE JUDGE
IT IS HEREBY STIPULATED AND AGREED by and between counsel for the plaintiff, Sarah M., and counsel for the defendant, the Acting Commissioner of Social Security, that plaintiff is awarded Five Thousand Five Hundred Ninety-Four Dollars and Seventy-Two Cents ($5,594.72) in attorney's fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. The award of attorney's fees will satisfy all of plaintiff's claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this case. Any fees paid belong to plaintiff and not to his attorney and can be offset to satisfy preexisting 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 plaintiff's attorney pursuant to the EAJA assignment signed by plaintiff and counsel.
The court having reviewed the record in this matter, it is hereby
ORDERED that plaintiff be allowed attorney's fee under the EAJA in the amount of Five Thousand Five Hundred Ninety-Four Dollars and Seventy-Two Cents ($5,594.72). This fee is payable to the plaintiff, but if plaintiff does not owe a debt subject to offset, it may be payable to plaintiff's attorney if plaintiff has assigned EAJA fees to counsel.
The undersigned hereby consent to the form and entry of the within Order.
SO ORDERED: