Joyner Sekavec v. O'Malley
Joyner Sekavec v. O'Malley
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION
JACQUELINE G. JOYNER SEKAVEC, CV 24-53-BLG-TJC
Plaintiff,
vs. ORDER MARTIN J. O’MALLEY, Commissioner of Social Security Administration,
Defendant.
On July 12, 2024, the Court remanded this case to the Commissioner for further administrative proceedings. (Doc. 8.) The Clerk of Court entered a separate judgment on July 15, 2024. (Doc. 9.) The parties have now filed a stipulation for an award of attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”). (Doc. 10.) The parties stipulate to an award to Plaintiff of $2,580.74 in attorney’s fees and $405.00 in costs. Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that Plaintiff is awarded attorney’s fees and costs in the amount of $ 2985.74 in full satisfaction and settlement of any and all claims Plaintiff may have under the EAJA in this case, and will satisfy all of Plaintiff’s claims for fees, costs and expenses under
28 U.S.C. § 2412in this case. This award is subject to offset to satisfy any preexisting debt that Plaintiff owes the United States pursuant to Astrue v. Ratliff,
560 U.S. 586(2010), and the Treasury Offset Program,
31 U.S.C. § 3716. Ifthe government determines Plaintiff does not owe a federal debt, then the government shall cause the payment of the award to be made directly to Plaintiff's counsel. DATED this 23rd day of September, 2024. mmc United States Magistrate Judge
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