United States District Court Northern District of New York

Sally A. Waite o/b/o Catherine Sampson, ) Case 5:19-cv-00993-GTS-ML Deceased, ) Plaintiff, ) ) Glenn T. Suddaby vs. ) Chief District Judge ) Andrew Saul, ) Miroslav Lovric Commissioner of the Social ) Magistrate Judge Security Administration ) Defendant. )

STIPULATION AND ORDER TO AWARD FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA)

The parties submit this stipulation in response to plaintiff’s motion for attorney’s fees under the Equal Access to Justice Act (EAJA),

(d). Doc. 17. The undersigned counsel have reviewed the file, litigation history and fee petition in this case. After discussing the petition, the parties have agreed to resolve the matter of entitlement to attorney fees by stipulation. Specifically: IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that plaintiff is awarded attorney fees in the amount of $7,400.00 in full satisfaction and settlement of any and all claims plaintiff may have under the Equal Access to Justice Act (“EAJA”),

. The parties further agree to the payment of $400.00 in costs, to be paid from the Judgment Fund by the Department of the Treasury, if so ordered by the court, pursuant to

. This award is made in full satisfaction of any claim for EAJA fees, expenses and costs. Any fees paid belong to plaintiff, and not to her attorney, and may be offset to satisfy any pre-existing debt that plaintiff owes the United States under Astrue v. Ratliff,

,

(2010). After the Court enters this award, if counsel for the defendant can verify that plaintiff owes no pre-existing debt subject to the offset, defendant will direct that the award be made payable to plaintiffs attorney pursuant to the EAJA assignment duly signed by plaintiff and counsel (Doc. 17-3). Dated: February 9, 2021 ANTOINETTE T. BACON Acting United States Attorney Northern District of New York Attorney for Defendant By: s/Luis Pere Luis Pere, Bar Roll No. 701031 Special Assistant U.S. Attorney c/o Social Security Administration, OGC 15 New Sudbury St.—Room 625 Boston, MA 02203 (877) 405-4870 [email protected]

By: s/Kenneth R. Hiller Kenneth R Hiller Attorney for plaintiff Law Offices of Kenneth Hiller, PLLC 6000 North Bailey Avenue - Suite 1A Amherst, NY 14226 (716) 564-3288 [email protected] AND, the Court having reviewed this matter, IT IS So Ordered:

Date:_ 2/10/2021 Hon. Glenn T. Suddaby Chief U.S. District Judg