Childers v. Kijakazi

United States District Court for the District of Alaska
Childers v. Kijakazi (2023)

Childers v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

JENNIFER CHILDERS,

Plaintiff, v.

KILOLO KIJAKAZI,

Commissioner of Social Security, Case No. 3:23-cv-00008-SLG

Defendant.

ORDER RE MOTION FOR ATTORNEY’S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

28 U.S.C. § 2412

Before the Court at Docket 15 is Plaintiff Jennifer Childers’ Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act

28 U.S.C. § 2412

. Defendant Kilolo Kijakazi responded in opposition at Docket 17, to which Ms. Childers replied at Docket 18. Based upon the Court’s review of the parties’ filings and the applicable case law, the Court finds that the amount of fees sought by Plaintiff is adequately supported and overall reasonable, including the fees spent in the preparation of the reply and should all be awarded pursuant to the Equal Access to Justice Act,

28 U.S.C. § 2412

(d). Therefore, IT IS ORDERED that the motion is GRANTED as follows: Plaintiff is awarded reimbursement of costs in the amount of $400.00 and attorneys fees in the amount of $10,866.37. Pursuant to Astrue v. Ratliff,

130 S.Ct. 2521, 2528-29

(2010), EAJA fees awarded by this Court belong to Plaintiff and are subject to offset under the Treasury Offset Program. Therefore, this Court orders that any amount of the above award not offset pursuant to

31 U.S.C. § 371

(c) shall be made payable to Plaintiff, with the check mailed to the office of Maren Bam, Esq., at the following address:

Salus Law, PLLC 8513 W. 9th Ave. Kennewick, WA 99336

DATED this 23rd day of October, 2023, at Anchorage, Alaska. /s/ Sharon L. Gleason UNITED STATES DISTRICT JUDGE

Case No. 3:23-cv-00008-SLG, Childers v. Kijakazi

Reference

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