Opinion
2:21-CV-2461-JWL
02-16-2023
JULIE VAZQUEZ, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
DUSTIN J. SLINKARD United States Attorney CHRISTINA J. VALERIO Special Assistant U.S. Attorney Attorneys for the United States of America ATTORNEYS FOR DEFENDANT Roger M. Driskill Kansas federal district court: 70782 Attorney for Vazquez Burnett Driskill, Attorneys ATTORNEY FOR PLAINTIFF
DUSTIN J. SLINKARD United States Attorney
CHRISTINA J. VALERIO
Special Assistant U.S. Attorney
Attorneys for the United States of America
ATTORNEYS FOR DEFENDANT
Signed electronically by the agency with permission of opposing counsel.
Kansas federal district court: 70782
Attorney for Vazquez
Burnett Driskill, Attorneys
ATTORNEY FOR PLAINTIFF
ORDER GRANTING ATTORNEY FEES TO PLAINTIFF PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA)
JOHN W. LUNGSTRUM UNITED STATES DISTRICT COURT JUDGE
The court previously remanded this case for further administrative proceedings under 42 U.S.C. § 405(g) (see ECF No. #21). After reviewing the file and being advised by the parties that they have now agreed to an attorney fee award under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in connection with the court-related representation of Plaintiff in this Social Security appeal, the Court finds that reimbursement should be made for attorney fees in the amount of $7,300.00.
In accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA attorney fee 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 pursuant to 42 U.S.C. § 406(b), he must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS THEREFORE ORDERED THAT, pursuant to 28 U.S.C. § 2412, Plaintiff is granted attorney fees under the EAJA in the amount of $7,300.00. The check for attorney fees should be made payable to Plaintiff and mailed to Plaintiff's attorney address.
IT IS SO ORDERED.