Durre v. Social Security Administration, Commissioner of

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS AMBER E. DURRE, Plaintiff, v. Case No. 6:20-cv-01002-JWL ANDREW SAUL, Commissioner of Social Security, Defendant.

ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT The Court, after reviewing the file and being advised by the parties that they have agreed to an award under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in connection with the court-related representation of Plaintiff in this Social Security appeal, finds that reimbursement should be made for attorney’s fees in the amount of $4,088.13.

In accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA attorney fee is payable to the Plaintiff as the litigant and may be subject to offset to satisfy any pre-existing debt the litigant may owe to the United States. In addition, if Plaintiff’s counsel ultimately receives an award of attorney fees pursuant to 42 U.S.C. § 406(b), she must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

IT IS THEREFORE ORDERED THAT, pursuant to 28 U.S.C. § 2412, Plaintiff is granted attorney’s fees under the EAJA in the amount of $4,088.13. The check for attorney’s fees should be made payable to Plaintiff and mailed to Plaintiff’s attorney’s address.

OAcrtd er Granting Plaintiff’s Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Page 2 of 3 IT IS SO ORDERED.

Dated this19th day of August, 2020. s/ John W. Lungstrum JOHN W. LUNGSTRUM UNITED STATES DISTRICT JUDGE APPROVED: STEPHEN R. McALLISTER United States Attorney s/ Michelle A. Jacobs MICHELLE A. JACOBS, Ks S.Ct.No. 21261 Assistant United States Attorney Federal Bldg., 444 SE Quincy Street Topeka, Kansas 66683 Phone: (785) 295-2850 Fax: (785) 295-2853 Email: [email protected] [email protected] Attorneys for Defendants OF COUNSEL Mona Ahmed Acting Regional Chief Counsel, Region VIII Social Security Administration Laura H. Holland, NY Bar #4589420 Assistant Regional Counsel OAcrtd er Granting Plaintiff’s Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Page 3 of 3

s/ Kathleen E. Overton KATHLEEN E. OVERTON, Ks S.Ct.No. 22593 Parmele Law Firm, PC 1505 E. Bradford Parkway Springfield, Missouri 65804 Phone: (816) 415-9300 Fax: (816) 415-3717 [email protected] Attorney for Plaintiff