Rush v. Social Security Administration

United States District Court for the Eastern District of Arkansas

Rush v. Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

ADAM RUSH PLAINTIFF Case No. 3:21-cv-00162-JTK KILOLO KIJAKAZI, Acting Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is Plaintiff's Motion for Attorney’s Fees pursuant to the Equal Access to Justice Act (“EAJA”). (Doc. No. 13) Plaintiff requests a total of $3,948.68 (which includes $3,537.20 in fees and $21.48 in expenses and $400.00 in Court costs). (Doc. Nos. 13 and 14) Defendant does not object to this award. (Doc. No. 15) After careful consideration, the Court finds that Plaintiff should be awarded reasonable attorney’s fees. EAJA fees are payable to Plaintiff, not Plaintiff's attorney, and such fees are subject to an offset when the Plaintiff has outstanding federal debts. See Astrue v. Ratliff;

560 U.S. 586, 589

(2010). Therefore, subject to any offset, payment by check to the order of the Plaintiff, in care of his attorney, will issue to Plaintiff's attorney. Accordingly, the Motion for Attorney’s Fees pursuant to the EAJA (Doc. No. 13) is GRANTED. Plaintiff is awarded $3,948.68. SO ORDERED THIS 16th day of May, 2022. :

JEROMET.KEARNEY UNITED STATES MAGISTRATE JUDGE

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