Opinion
2:21-cv-02167-DDC
12-14-2022
T.A.S.,[1] Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
DUSTON J. SLINKARD Acting United States Attorney Christina J. Valerio Special Assistant United States Attorney Social Security Administration Christina J. Valerio, CO Bar #36754 Assistant Regional Counsel Attorneys for Defendant
DUSTON J. SLINKARD
Acting United States Attorney
Christina J. Valerio
Special Assistant United States Attorney
Social Security Administration
Christina J. Valerio, CO Bar #36754
Assistant Regional Counsel
Attorneys for Defendant
MEMORANDUM AND ORDER GRANTING PARTIES' JOINT MOTION FOR ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
Daniel D. Crabtree, United States District Judge.
The parties filed a joint motion requesting attorney fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). Doc. 23. The court, after reviewing the file and being advised by the parties that they have agreed to an award under EAJA in connection with the court-related representation of plaintiff in this Social Security appeal, orders reimbursement for attorney fees in the amount of $6,500, plus costs in the amount of $402. In total, plaintiff should receive $6,902.
The parties note that “[c]osts are paid from the Judgment Fund, not from agency funds.” Doc. 23 at 1 n.1 (citing 28 U.S.C. § 2412(c)(1)).
In accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA award is payable to the plaintiff as the litigant and may be subject to offset to satisfy any pre-existing debt the litigant may owe to the United States. In addition, if plaintiff's counsel ultimately receives an award of attorney fees under 42 U.S.C. § 406(b), they must refund the smaller award to plaintiff under Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS THEREFORE ORDERED THAT the parties' joint Motion for Attorney Fees (Doc. 23) is granted. Under 28 U.S.C. § 2412, plaintiff is granted attorney fees in the amount of $6,500, plus costs in the amount of $402. The check for attorney fees should be made payable to plaintiff and mailed to plaintiff's attorneys' address.
IT IS SO ORDERED.