Christopher Rose v. Frank Bisignano, Commissioner of SSA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION LEXINGTON CHRISTOPHER ROSE, ) ) ) Plaintiff, ) ) v. ) NO. 5:25-CV-00196-MAS ) FRANK BISIGNANO, ) Commissioner of SSA, ) ) ) Defendant. ) MEMORANDUM OPINION & ORDER Upon consideration of the Unopposed Motion for Attorney’s Fees Under the Equal Access to Justice Act (“EAJA”) [DE 21], the Court hereby awards Plaintiff attorney’s fees in the total amount of $8,405.00, $8,000.00 in attorney’s fees and $405.00 in costs under the EAJA, 28 U.S.C. § 2412. Accordingly, IT IS ORDERED that the parties’ Unopposed Motion for Attorney’s Fees [DE 21] is GRANTED as follows: 1. Plaintiff is awarded EAJA attorney’s fees in the total amount of $8,405.00; 2. If Plaintiff’s counsel is subsequently awarded any fees pursuant to 42 U.S.C. § 406(b), she shall refund the lesser award to Plaintiff pursuant to Weakley v. Bowen, 803 F.3d 575, 580 (10th Cir. 1986); and 3. If, after receiving the Court’s EAJA fee Order, the Commissioner: (1) determines that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program; and (2) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fee will be made payable to Plaintiffs attorney. However, if there is a debt owed under the Treasury Offset Program, the Commission cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be paid by a check made out to Plaintiff but delivered to Plaintiffs attorney.

Signed this the 2nd of March, 2026.

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