Schlarb v. Saul

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA

ASHEVILLE DIVISION CIVIL ACTION NO. 1:19-CV-00331-KDB

DANIEL DAVID SCHLARB,

Plaintiff, v. ORDER ANDREW M. SAUL, Commissioner of Social Security,

Defendant.

THIS MATTER is before the Court on Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). (Doc. No. 18). Based on the parties’ agreement to settle this motion in the amount of $4,615.00 and Plaintiff’s waiver of direct payment and assignment of EAJA to his counsel,

IT IS HEREBY ORDERED that attorney fees and expenses in the total amount of $4,615.00 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) are awarded to Plaintiff. Astrue v. Ratliff, 130 S. Ct. 2521 (2010).

If the U.S. Department of the Treasury determines that Plaintiff’s EAJA fees, expenses, and costs, are not subject to offset allowed under the Department of the Treasury’s Offset Program, then the check for EAJA fees, expenses, and costs shall be made payable to Plaintiff’s attorney, Olinsky Law Group.

Whether the check is made payable to Plaintiff or to Olinsky Law Group, the check shall be mailed to Olinsky Law Group at the following address:

250 South Clinton Street Suite 210 Syracuse, NY 13202

SO ORDERED.

Signed: February 22, 2021 gO

Kenneth D. Bell United States District Judge nou