United States District Court Northern District of New York

Jennifer Rena Rogers, ) Case 5:20-cv-01262-GTS-DJS Plaintiff, ) ) Glenn T. Suddaby vs. ) Chief Judge ) Kilolo Kijakazi, ) Daniel J. Stewart Acting Commissioner of the Social ) United States 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. 22). 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 $6,500.00 in full satisfaction and settlement of any and all claims plaintiff may have under the Equal Access to Justice Act (“EAJA”),

. This award accounts for 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 plaintiff's attorney pursuant to the EAJA assignment duly signed by plaintiff and counsel (Doc. 22-3). Respectfully Submitted, Kilolo Kyakazi, Jennifer Rena Rogers, By Her Attorneys By Her Attorney Carla B. Freedman, United States Attorney /s/ Luis Pere /s/ Justin M. Goldstein ' Luis Pere Justin M. Goldstein Special Assistant United States Attorney Law Offices of Kenneth Hiller, PLLC N.D.N.Y. Bar Roll No. 701031 6000 North Bailey Avenue - Suite 1A Social Security Administration, OGC Amherst, NY 14226 J.F.K. Federal Building, Room 625 (716) 564-3288 Boston, MA 02203 [email protected] (877) 405-4870 Luis.pereWssa.gov

AND, the Court having reviewed this matter, IT IS So Ordered: —_.__{ G 4 □□ Date: 12/6/2021 Ka Lootlel- — _ Hon. Glenn T. Suddaby “7 Chief U.S. District Judgé

' Signed by Luis Pere with Justin M. Goldstein’s permission.