Vojak v. Commissioner of Social Security
U.S. District Court, District of Minnesota
Vojak v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Ronald J. V., Case No. 22-cv-02140 (TNL)
Plaintiff,
ORDER
v.
Marten O’Malley,
Commissioner of Social Security,
Defendant.
Jyotsna Asha Sharma, Disability Partners, PLLC, 2579 Hamline Avenue North, Suite C,
Roseville, MN 55113 (for Plaintiff); and
Ana H. Voss, United States Attorney, United States Attorney’s Office, 300 South 4th
Street, Suite 600, Minneapolis, MN 55415; James D. Sides and Linda H. Green, Special
Assistant United States Attorneys, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235 (for Defendant).
This matter comes before the Court on Plaintiff Ronald J. V.’s Motion for
Attorney’s Fees Pursuant to the Equal Access to Justice Act, ECF No. 26, regarding fees
and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d).
Plaintiff requested an award of $8,407.25 in attorney fees and $19.71 in expenses.
See ECF No. 26 at 1. The Court ordered Defendant Marten O’Malley to respond to
Plaintiff’s request. See ECF No. 29. Defendant’s response provides that the parties have
agreed to settle Plaintiff’s EAJA request for $7,986.89. See ECF No. 30 at 1. The parties
acknowledge that under Astrue v. Ratliff, 560 U.S. 586 (2010), any award belongs to the
plaintiff (and not counsel) and that such an award “can be offset to satisfy pre-existing debt
that [the p]laintiff owes the United States.” Id. at 1-2. Accordingly, pursuant to the parties’
agreement, the Court awards $7,986.89 in fees and costs under the EAJA.
Based on the foregoing, and all of the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice
Act, ECF No. 26, is GRANTED IN PART and DENIED IN PART.
2. Plaintiff’s Motion is granted in part as follows:
a. Plaintiff is awarded $7,986.89 in fees and costs under the EAJA, subject
to offset by any preexisting debt that Plaintiff owes to the United States.
b. Any EAJA fees shall be paid to Plaintiff as the litigant pursuant to Astrue
v. Ratliff, 560 U.S. 586 (2010).
3. Plaintiff’s Motion is otherwise denied.
Date: January 19, 2024 s/ Tony N. Leung
Tony N. Leung
United States Magistrate Judge
District of Minnesota
Ronald J. V. v. O’Malley
Case No. 22-cv-02140 (TNL) Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Ronald J. V., Case No. 22-cv-02140 (TNL)
Plaintiff,
ORDER
v.
Marten O’Malley,
Commissioner of Social Security,
Defendant.
Jyotsna Asha Sharma, Disability Partners, PLLC, 2579 Hamline Avenue North, Suite C,
Roseville, MN 55113 (for Plaintiff); and
Ana H. Voss, United States Attorney, United States Attorney’s Office, 300 South 4th
Street, Suite 600, Minneapolis, MN 55415; James D. Sides and Linda H. Green, Special
Assistant United States Attorneys, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235 (for Defendant).
This matter comes before the Court on Plaintiff Ronald J. V.’s Motion for
Attorney’s Fees Pursuant to the Equal Access to Justice Act, ECF No. 26, regarding fees
and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d).
Plaintiff requested an award of $8,407.25 in attorney fees and $19.71 in expenses.
See ECF No. 26 at 1. The Court ordered Defendant Marten O’Malley to respond to
Plaintiff’s request. See ECF No. 29. Defendant’s response provides that the parties have
agreed to settle Plaintiff’s EAJA request for $7,986.89. See ECF No. 30 at 1. The parties
acknowledge that under Astrue v. Ratliff, 560 U.S. 586 (2010), any award belongs to the
plaintiff (and not counsel) and that such an award “can be offset to satisfy pre-existing debt
that [the p]laintiff owes the United States.” Id. at 1-2. Accordingly, pursuant to the parties’
agreement, the Court awards $7,986.89 in fees and costs under the EAJA.
Based on the foregoing, and all of the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice
Act, ECF No. 26, is GRANTED IN PART and DENIED IN PART.
2. Plaintiff’s Motion is granted in part as follows:
a. Plaintiff is awarded $7,986.89 in fees and costs under the EAJA, subject
to offset by any preexisting debt that Plaintiff owes to the United States.
b. Any EAJA fees shall be paid to Plaintiff as the litigant pursuant to Astrue
v. Ratliff, 560 U.S. 586 (2010).
3. Plaintiff’s Motion is otherwise denied.
Date: January 19, 2024 s/ Tony N. Leung
Tony N. Leung
United States Magistrate Judge
District of Minnesota
Ronald J. V. v. O’Malley
Case No. 22-cv-02140 (TNL) Reference
- Status
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