UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

STEVEN SZCZYGIEL ) Plaintiff, ) ) v. ) Case No. 2:19-cv-311-JD ) ANDREW SAUL, ) Commissioner of Social Security ) ) Defendant. )

OPINION AND ORDER

This matter is before the Court on plaintiff’s motion for an award of attorney fees under the EAJA [DE 20], following the remand of this action to the Commissioner. The motion seeks an award of $9,245.66. The parties have stipulated to an award of $8,700.00. [DE 21]. The EAJA provides that “a court may award reasonable fees and expenses of attorneys . . . to the prevailing party in any civil action brought by or against the United States or any agency.”

(b). A party seeking an award of fees for a successful action against the government is entitled to recover its attorneys’ fees if: (1) the party was a prevailing party; (2) the government’s position was not substantially justified; (3) there are no special circumstances that would make an award unjust; and (4) the application for fees is timely filed with the district court (that is, within thirty days after the judgment is final and not appealable).

(d)(1)(A), (B) and (d)(2)(G); Cunningham v. Barnhart,

(7th Cir. 2006); Golembiewski v. Barnhart,

, 723–24 (7th Cir. 2004). Given the parties’ agreement, the Court GRANTS the stipulation [DE 21], and AWARDS the plaintiff an EAJA fee in the amount of $8,700.00. This award may be offset to satisfy any pre-existing debt the plaintiff may owe to the United States. However, any portion of this award that is not used to offset a pre-existing debt of the plaintiff to the government should be made payable directly to the plaintiff’s counsel pursuant to the EAJA assignment executed by the plaintiff. [DE 20-2 at 1]; see Mathews-Sheets v. Astrue,

(7th Cir. 2011). SO ORDERED.

ENTERED: October 7, 2020

/s/ JON E. DEGUILIO Chief Judge United States District Court