UNITDEISDT SRTIACTTE OSF D MISITNRNIECSTO CTOAU  RT     


Tereather T1.,                        Case No. 22-cv-3216 (DJF)          

               Plaintiff,                                                

v.                                          ORDER                        

Martin J. O’Malley2,                                                     
Commissioner of Social Security,                                         

               Defendant.                                                


    This matter is before the Court on Plaintiff’s Motion for Award of Attorney Fees Pursuant 
to the Equal Access to Justice Act U.S.C. 28 § 2412 (“EAJA”) (“Motion”) (ECF No. 30).   
Plaintiff seeks an award of attorney’s fees in the amount of $5,979.16.  (Id.)  Defendant does not 
oppose the Motion or the amount requested.  (ECF No. 32.)  Finding good cause, the Court 
GRANTS the Motion as follows:                                             
    1.   Plaintiff is awarded $5,979.16 for reasonable attorney’s fees under the EAJA.  The 
award shall fully and completely satisfy any and all claims for fees, costs, and/or expenses that 
may have been payable to Plaintiff in this matter pursuant to the EAJA.   
    2.   In accordance with the EAJA and Astrue v. Ratliff, 

 (2010), the EAJA 
fee award is payable to Plaintiff as the litigant and subject to offset to satisfy any preexisting debts 
that the litigant may owe to the United States.                           

    1  This District has adopted a policy of using only the first name and last initial of any 
nongovernmental parties in orders in Social Security matters.             

    2  Martin J. O’Malley became Commissioner of Social Security on December 20, 2023.  
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure and the last sentence of section 
205(g) of the Social Security act, 

(g), the Court substitutes Martin J. O’Malley for 
    3.   If, after receiving the Court’s EAJA fees 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 fees will be 
made payable to Plaintiff’s attorney, Jyotsna Asha Sharma.                
    4.   The check issued for payment shall be delivered to Plaintiff’s attorney at 250 
South Clinton St., Suite 210 Syracuse, NY 13202.                          

IT IS SO ORDERED.                                                         
Dated: March 1, 2024               s/ Dulce J. Foster                     
                                  DULCE J. FOSTER                        
                                  United States Magistrate Judge         

                 UNITDEISDT SRTIACTTE OSF D MISITNRNIECSTO CTOAU  RT     


Tereather T1.,                        Case No. 22-cv-3216 (DJF)          

               Plaintiff,                                                

v.                                          ORDER                        

Martin J. O’Malley2,                                                     
Commissioner of Social Security,                                         

               Defendant.                                                


    This matter is before the Court on Plaintiff’s Motion for Award of Attorney Fees Pursuant 
to the Equal Access to Justice Act U.S.C. 28 § 2412 (“EAJA”) (“Motion”) (ECF No. 30).   
Plaintiff seeks an award of attorney’s fees in the amount of $5,979.16.  (Id.)  Defendant does not 
oppose the Motion or the amount requested.  (ECF No. 32.)  Finding good cause, the Court 
GRANTS the Motion as follows:                                             
    1.   Plaintiff is awarded $5,979.16 for reasonable attorney’s fees under the EAJA.  The 
award shall fully and completely satisfy any and all claims for fees, costs, and/or expenses that 
may have been payable to Plaintiff in this matter pursuant to the EAJA.   
    2.   In accordance with the EAJA and Astrue v. Ratliff, 

 (2010), the EAJA 
fee award is payable to Plaintiff as the litigant and subject to offset to satisfy any preexisting debts 
that the litigant may owe to the United States.                           

    1  This District has adopted a policy of using only the first name and last initial of any 
nongovernmental parties in orders in Social Security matters.             

    2  Martin J. O’Malley became Commissioner of Social Security on December 20, 2023.  
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure and the last sentence of section 
205(g) of the Social Security act, 

(g), the Court substitutes Martin J. O’Malley for 
    3.   If, after receiving the Court’s EAJA fees 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 fees will be 
made payable to Plaintiff’s attorney, Jyotsna Asha Sharma.                
    4.   The check issued for payment shall be delivered to Plaintiff’s attorney at 250 
South Clinton St., Suite 210 Syracuse, NY 13202.                          

IT IS SO ORDERED.                                                         
Dated: March 1, 2024               s/ Dulce J. Foster                     
                                  DULCE J. FOSTER                        
                                  United States Magistrate Judge