Floyd v. Commissioner of Social Security

District Court, N.D. New York

Floyd v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Cynthia Leigh Floyd, ) Civil Action No. 5:20-cv-01488-GTS Plaintiff, ) ) vs. ) ) Kilolo Kijakazi1 ) 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 six thousand one hundred ninety four dollars and fifty three cents ($6,194.53). The award of attorney fees will satisfy all of Plaintiff’s claims for fees, costs, and expenses under

28 U.S.C. § 2412

in this case. Any fees paid belong to Plaintiff and not to his 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.

1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act,

42 U.S.C. § 405

(g). AND, the Court having reviewed the record in this matter; IT IS on this 39th day of _ August , 2022; ORDERED that Plaintiff be awarded fees under EAJA in the amount of $6,194.53, and that the fees are payable to the Plaintiff. ORDERED that this award will fully and completely satisfy any and all of Plaintiffs claims for fees under

28 U.S.C. § 2412

, and costs under

28 U.S.C. § 1920

and 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: August 30, 2022 Kilolo Kijakazi, Cynthia Leigh Floyd, By Her Attorneys By Her Attorney Carla B. Freedman, United States Attorney /s/ Candace H. Lawrence* /s/ Justin M. Goldstein Candace H. Lawrence Justin M. Goldstein Assistant Regional Counsel, Region | Law Office of Kenneth R. Hiller Social Security Administration 6000 North Bailey Avenue, Suite 1A 15 Sudbury Street Amherst, NY 14226 JFK Federal Building, Ste. 625 (716) 564-3288 Boston, MA 02203 jgoldstein @ kennethhiller.com (978) 455-7713 Candace.Lawrence @ssa.gov

* Signed by Justin M. Goldstein with Candace H. Lawrence’s permission.

Reference

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