Vazquez v. Social Security Administration, Commissioner of

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS JULIE VAZQUEZ, Plaintiff, v. Case No. 2:21-CV-2461-JWL KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.

ORDER GRANTING ATTORNEY FEES TO PLAINTIFF PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA) The court previously remanded this case for further administrative proceedings under 42 U.S.C. § 405(g) (see ECF No. #21). After reviewing the file and being advised by the parties that they have now agreed to an attorney fee 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, the Court finds that reimbursement should be made for attorney fees in the amount of $7,300.00.

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), he 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 fees under the EAJA in the amount of $7,300.00. The check for attorney fees should be made payable to Plaintiff and mailed to Plaintiff’s attorney address.

IT IS SO ORDERED.

DATED this 16th day of February, 2023.

_s:/ John W. Lungstrum ____ JOHN W. LUNGSTRUM United States District Court Judge Approved: DUSTIN J. SLINKARD United States Attorney District of Kansas s/ Christina J. Valerio CHRISTINA J. VALERIO Special Assistant U.S. Attorney (CO Bar #36754) Attorneys for the United States of America Office of Program Litigation, Office 6 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Telephone (303) 844-7348 [email protected] ATTORNEYS FOR DEFENDANT

s/ Roger M. Driskill1 Roger M. Driskill Kansas federal district court: 70782 Attorney for Vazquez BurnettDriskill, Attorneys West 26th Avenue, Suite 290 North Kansas City, Missouri 64116 Telephone: 816.781.4836 Facsimile: 816.792.3634 E-mail: [email protected] ATTORNEY FOR PLAINTIFF

1 Signed electronically by the agency with permission of opposing counsel.