Snogles v. Commissioner of Social Security

District Court, N.D. New York

Snogles v. Commissioner of Social Security

Trial Court Opinion

United States District Court Northern District of New York

MAUREEN SNOGLES, ) Case No. 5:20-cv-01158-TJM Plaintiff, ) ) vs. ) ) KILOLO KIJAKAZI, Acting ) Stipulation – Document Filed Electronically Commissioner of the Social Security ) Administration, ) Defendant. )

Consent Order for Payment of Fees and Costs 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 under the Equal Access to Justice Act (EAJA) (

28 U.S.C. § 2412

) in the amount of six thousand eight hundred one dollars and twenty-eight cents ($6,801.28) to be paid by Defendant, as well as four hundred dollars ($400.00) in costs to be paid by the Judgment Fund of the U.S. Department of Treasury. This award will satisfy all of Plaintiff’s claims for EAJA fees and costs 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 Plaintiff’s attorney pursuant to the EAJA assignment signed by Plaintiff that has been provided to Defendant. AND, the Court having reviewed the record in this matter, ITIS this 30th June , 2022, ORDERED that Plaintiff be awarded fees under EAJA in the amount of $6,801.28 to be paid by Defendant, and costs in the amount of $400.00 to be paid by the Judgment Fund of the U.S. Department of Treasury, and that these awards are payable to the Plaintiff, but if Plaintiff does not owe a debt subject to offset, payable to Plaintiff's attorney. ORDERED that the within matter is dismissed with prejudice.

HON. THOMAS J. McAVOY, SENIOR UNITED STATEZDISTRICT JUDGE

The undersigned hereby consent to the form and entry of the within order. Dated: June 24, 2022 Kilolo Kyakazi, Maureen Snogles, By Her Attorneys, By Her Attorney, Carla B. Freedman, /s/ Howard D. Olinsky' United States Attorney Howard D. Olinsky N.D.N-Y. Bar Roll No. 102297 /s/ Christopher L. Potter Olinsky Law Group Christopher L. Potter 250 South Clinton St., Suite 210 Special Assistant U.S. Attorney Syracuse, NY 13202 N.D.N.Y. Bar Roll No. 701008 (315) 701-5780 Social Security Administration [email protected] Office of the General Counsel J.F.K. Federal Building, Room 625 Boston, MA 02203 (617) 565-1853 [email protected]

' Signed by Christopher L. Potter with Howard D. Olinsky’s permission.

Reference

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