Presky v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------X FRANKLIN J. PRESKY, Plaintiff, vs. Civil Action No.: 6:21-CV-00162-DNH-DJS KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, STIPULATION AND ORDER REGARDING ATTORNEY FEES Defendant. ------------------------------------------------------------x IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiff, FRANKLIN J. PRESKY, and counsel for Defendant, the COMMISSIONER OF SOCIAL SECURITY, that Plaintiff is awarded (i) the sum of $8,576.88 (Eight Thousand Five Hundred Seventy Six Dollars and Eighty Eight Cents) in attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, plus (ii) $402.00 (Four Hundred and Two Dollars) in court costs under 28 U.S.C. § 1920, to be paid from the Judgment Fund administered by the Department Of Justice. Such award is made in full satisfaction of any and all claims for attorney’s fees, expenses, and costs in connection with this action.

Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 130 S.Ct. 2521 (2010), these attorney fees are payable to Plaintiff as the prevailing party and are subject to offset through the Treasury Department’s Offset Program to satisfy any pre-existing debt Plaintiff may owe to the government. If the Commissioner determines that Plaintiff owes no debt to the government that would subject this award of attorney’s fees to offset, the Commissioner may honor the Plaintiff’s assignment of EAJA fees providing for payment of the subject fees to Plaintiff’s counsel, rather than to Plaintiff. If, however, Plaintiff is discovered to owe the government any debt subject to offset, the Commissioner shall pay any attorney’s fees remaining after such offset to Plaintiff rather than to counsel. Should this occur, any remaining fees made payable to Plaintiff shall be sent to his counsel.

Dated: February 18, 2022 /s/ Charles E. Binder Charles E. Binder Attorney for Plaintiff Law Office of Charles E. Binder and Harry J. Binder, LLC Madison Avenue, Suite 501 New York, NY 10022 (212)-677-6801 Fax (646)-273-2196 [email protected] /s/ Hugh Dun Rappaport Hugh Dun Rappaport Attorney for Defendant Special Assistant United States Attorney Social Security Administration Office of the General Counsel JFK Federal Building New Sudbury Street, Suite 625 Boston, MA 02203 17-565-2 IT IS SO ORDERED: 017-909-2380 David N fHurd U.S. Disfrict Judge Dated: 2-22-2022