Ridge v. Kijakazi

District Court, N.D. New York

Ridge v. Kijakazi

Trial Court Opinion

United States District Court Northern District of New York Kelsie N. Ridge ) Case No. 1:21-cv-00703-GTS-ATB Plaintiff, ) ) Glenn T. Suddaby Vs. ) United States District Judge ) Kilolo Kijakazi, ) Acting Commissioner of the Social _) Document Electronically Filed Security Administration ) Defendant. ) Consent Order for Payment of Fees under the Equal Access to Justice Act IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that Plaintiff be awarded attorney fees and expenses under the Equal Access to Justice Act (EAJA) (

28 U.S.C. § 2412

) in the amount of eight-thousand, five hundred seventy-one dollars, and seventy-nine cents ($8,571.79). The award of attorney fees will satisfy all of Plaintiffs claims for fees, costs, and expenses under

28 U.S.C. § 2412

in this case. Any fees paid belong to Plaintiff and not to her attorney, and can be offset to satisfy pre-existing debt that Plaintiff owes the United States. Astrue v. Ratliff,

560 U.S. 586

(2010). After the Court enters this award, if Defendant can verify that Plaintiff owes no preexisting debt subject to offset, Defendant agrees to make the award payable to Plaintiffs attorney pursuant to the EAJA assignment signed by Plaintiff and counsel. AND, the Court having reviewed the record in this matter; ITIS onthis 7th day of January , 2022; ORDERED that Plaintiff be awarded fees under EAJA in the amount of $8,571.79, and that the fees are payable to the Plaintiff, but if Plaintiff does not owe a debt subject to offset, payable to Plaintiffs attorney.

Hon. Glenn T. Suddaby Chief U.S. District Judg

The undersigned hereby consent to the form and entry of the within order. Dated: January 7, 2022 Kilolo Kijakazi, Kelsie N. Ridge By Her Attorneys By Her Attorney Carla B. Freedman, United States Attorney Lisa G. Smoller’ /s/ Michael J. Telfer Lisa G. Smoller Michael J. Telfer Special Assistant United States Attorney N.D.N.Y. Bar Roll No. 517495 N.D.N.Y. Bar Roll No. 700999 Legal Aid Society of Northeastern New York Social Security Administration 95 Central Avenue Office of the General Counsel Albany, NY 12206 J.F.K. Federal Building, Room 625 (518) 533-5933 Boston, MA 02203 [email protected] (617) 565-4279 [email protected]

' Signed by Michael Telfer with Lisa Smoller’s permission.

Reference

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