Burkard v. Kijakazi
Burkard v. Kijakazi
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK Brian Henry Burkard, ) Civil Action No. 3:20-cv-00767-GTS Plaintiff, ) ) vs. ) ) Kilolo Kijakazi ) Stipulation – Document Filed Electronically Acting Commissioner of the ) Social 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 seven thousand three hundred sixty-six dollars and fifteen cents ($7,366.15). The award of attorney fees will satisfy all of Plaintiff’s claims for fees, costs, and expenses under
28 U.S.C. § 2412in 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 the Plaintiff’s attorney pursuant to the EAJA assignment signed by Plaintiff and counsel. AND, the Court having reviewed the record in this matter; IT IS on this _2_7_t_h_ day of ____J_u_n_e______ , 2022; ORDERED that Plaintiff be awarded fees under EAJA in the amount of $7,366.15, and that are payable to the Plaintiff, but if Plaintiff does not owe a debt subject to offset, payable to the Plaintiff's attorney. ORDERED that this award will fully and completely satisfy any and all of Plaintiff's claims for fees under
28 U.S.C. § 2412, and costs under
28 U.S.C. § 1920and Fed. R. Civ. P. 54(d)(1). ORDERED that the within matter be dismissed with prejudice.
}) Hon. Glenn T. Suddaby | Chief U.S. District Judg The undersigned hereby consent to the form and entry of the within order. Dated: June 24, 2022
Kilolo Kiyakazi, Brian Henry Burkard, By Her Attorneys By His Attorney Carla B. Freedman, United States Attorney /s/ Louis J. George /s/ Justin M. Goldstein* Louis J. George Justin M. Goldstein Special Assistant United States Attorney Law Office of Kenneth R. Hiller N.D.N.Y. Bar Roll No. 701022 6000 North Bailey Avenue, Suite 1A Office of the General Counsel Amherst, NY 14226 J.F.K. Federal Building, Room 625 (716) 564-3288 Boston, MA 02203 [email protected] (617) 565-2386 louis.georgeWssa.gov
' Signed by Louis J. George with Justin M. Goldstein’s permission.
Reference
- Status
- Unknown