Balmer v. Social Security Administration

United States District Court for the Eastern District of Arkansas

Balmer v. Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION CARLA ALLISON BALMER PLAINTIFF on behalf of Richard Lee Balmer, Jr., Deceased VS. No. 4:21-CV-00020 PSH

KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION DEFENDANT ORDER

Now before the Court is the plaintiff’s motion for attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”),

28 U.S.C. § 2412

. Defendant Kilolo

Kijakazi (“Kijakazi”) does not oppose the motion. The motion is granted, and the EAJA award in the amount of $6,201.75 ($6,104.04 in fees and $97.71 in expenses) is approved. There is nothing unreasonable about the hours of work performed or the

hourly rate requested. Because the award belongs to Carla Allison Balmer, on behalf of Richard Lee Balmer, Jr., deceased, and not her attorney, as set forth in Astrue v. Ratliff,

560 U.S. 586

(2010), the Department of Treasury shall issue payment of this

award by check made payable to Carla Allison Balmer, on behalf of Richard Lee 1 Balmer, Jr., deceased, in care of her attorney, Howard David Olinsky, and shall mail the check to Mr. Olinsky at his Syracuse, New York, address. The motion for attorney fees and expenses (docket entry no. 27) is granted. IT IS SO ORDERED this 21* day of June, 2022.

UNITED STATES MAGISTRATE JUDGE

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