Tarbania v. Kijakazi

Full title: ADAM TARBANIA, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of…

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

Date published: Jan 18, 2022

Civil Action 6:20-cv-00492-TJM (N.D.N.Y. Jan. 18, 2022)

Opinion

Civil Action 6:20-cv-00492-TJM

01-18-2022

ADAM TARBANIA, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.

Kilolo Kijakazi, By Her Attorneys: CARLA B. FREEDMAN, United States Attorney Adam Tarbania, By His Attorney: Timothy S. Bolen Special Assistant United States Attorney Howard D. Olinsky Howard D. Olinsky, Esq.

THOMAS J. MCAVOY UNITED STATES DISTRICT COURT

Kilolo Kijakazi, By Her Attorneys: CARLA B. FREEDMAN, United States Attorney

Adam Tarbania, By His Attorney:

Timothy S. Bolen Special Assistant United States Attorney

Howard D. Olinsky ^{[ 1} Howard D. Olinsky, Esq.

1 Signed by Timothy Bolen with Howard Olinsky's permission.

CONSENT ORDER FOR PAYMENT OF FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT

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 under the Equal Access to Justice Act (EAJA) (28 U.S.C. § 2412) in the amount of four thousand, four hundred two dollars and sixty-seven cents ($4,402.67).

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;

IT IS on this 18^th day of January, 2022;

ORDERED that Plaintiff be awarded/tees under EAJA in the amount of $4,402.67, 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.