Gray v. Social Security Administration, Commissioner of

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS CASSIE L. GRAY, Plaintiff, v. Case No. 6:24-cv-01185-JWL FRANK BISIGNANO, 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). 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 grants the Unopposed Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act [Doc. 15] and finds that reimbursement should be made for attorney fees in the amount of $5,640.40.

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 fees under the EAJA in the amount of $5,640.40. The check for attorney fees should be made payable to Plaintiff and mailed to Plaintiff’s attorney address.

IT IS SO ORDERED.

DATED this 12th day of May, 2025 at Kansas City, Kansas.

/s/ John W. Lungstrum John W. Lungstrum U.S. District Court Judge Approved:

Duston J. Slinkard Acting United States Attorney s/ Annalies van der Valk s/ Kelsey Young Special Assistant United States Attorney Kelsey Young Office of Program Litigation, Office 6 Parmele Law Firm, P.C.

Colorado Bar #39484 1545 E. Primrose St. Office of the General Counsel Springfield, MO 65804 Social Security Administration ATTORNEY FOR PLAINTIFF 6401 Security Boulevard Baltimore, Maryland 21235 303-844-2544 [email protected] ATTORNEYS FOR DEFENDANT