Cox v. Kijakazi

United States District Court for the Southern District of Georgia

Cox v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA WAYCROSS DIVISION DANA DENISE COX, Plaintiff, Vv. COMMISSIONER OF SOCIAL SECURITY, Civil Action Defendant. File No. 5:21-cv-00042

ORDER

This matter is before the Court on the parties’ Joint Stipulation for Resolution of Petition for EAJA Fees and Plaintiffs previously filed petition for attorney’s fees under the Equal Access to Justice Act (“EAJA”),

28 U.S.C. § 2412

(d), Doc. 16. The Joint Stipulation indicates that Plaintiff has a net worth of less than Two Million Dollars ($2,000,000.00). Further, Plaintiff has agreed to withdraw her EAJA fee petition pursuant to the parties’ agreement and stipulation for an award under the EAJA. The Court having considered the Joint Stipulation and petition for EAJA fees, IT IS ORDERED that Plaintiff is awarded attorney fees under the Equal Access to Justice Act (“EAJA”),

28 U.S.C. § 2412

(d), in the amount of $8,137.50

in this case under the EAJA. No further requests for fees or case expenses under the EAJA shall be filed in this case. The Commissioner shall determine after entry of this Order whether Plaintiff

owes a debt to the government that is subject to

31 U.S.C. §§ 3711

and 3716, which allow for the collection of a federal debt from the amount awarded to Plaintiff. If Plaintiff does owe a debt to the Government, the EAJA fee award will be applied toward such debt by the Treasury Department’s Offset Program, see Astrue v. Ratliff,

560 U.S. 586, 596-97

(2010), and the Commissioner shall notify the Treasury Department that if any funds remain after the EAJA fee award is applied to his debt the Treasury Department should issue a check for the remaining funds made payable to Plaintiff and mail that check to Plaintiff's counsel. If the Treasury Department determines that Plaintiff does not owe a Federal debt subject to setoff, the Commissioner may exercise its discretion to honor Plaintiff's pre-award attempt to assign EAJA fees and pay the awarded fees directly to Plaintiffs counsel or shall issue a check payable to Plaintiff and mail that check to Plaintiff's counsel. Plaintiff has stipulated to withdraw the Petition for Attorney Fees, Doc. 16, and substitute the Joint Stipulation. Accordingly, it is FURTHER ORDERED that Plaintiffs EAJA fee petition, Doc. 16, is denied as moot. The Clerk shall enter a judgment consistent with this Order.

SO ORDERED this % day of March, 2022.

i ISA GODBEY WOOD,\JUDGE . ED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORG

Reference

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