Whitworth v. Commissioner of Social Security
Whitworth v. Commissioner of Social Security
Trial Court Opinion
United States District Court Northern District of New York Nichole Renee Whitworth ) Case No.: 5:21-cv-01137-TJM-DJS Plaintiff, ) ‘ ) Thomas J. McAvoy VS. ) United States District Judge ) Kilolo Kijakazi, ) Daniel J. Stewart Acting Commissioner of the Social ) United States Magistrate Judge 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 under the Equal Access to Justice Act (EAJA) (
28 U.S.C. § 2412) in the amount of five-thousand nine hundred and ninety-five dollars ($5,995.00). 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 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 7 Arday of tpn, hon , 2022; ORDERED that Plaintiff be awarded fees under EAJA in the amount of $5,995, and that the fees 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 ee
HON. THOWAS J. MCAVON UNITED STATES DISTR&CT COURT
The undersigned hereby consent to the form and entry of the within order. Dated: August 18, 2022
Kilolo Kijakazi, Nichole Renee Whitworth, By Her Attorneys, By Her Attorney!, Carla B. Freedman, United States Attorney /s/ Lisa G. Smoller /s/ Howard D. Olinsky Lisa G. Smoller Howard D. Olinsky Special Assistant United States Attorney § Olinsky Law Group N.D.N.Y. Bar Roll No. 700999 250 S. Clinton Street, Suite 210 Social Security Administration Syracuse, NY 13202 Office of the General Counsel (315) 701-5780 J.F.K. Federal Building, Room 625 [email protected] Boston, MA 02203 (617) 565-4279 [email protected]
' Signed by Lisa Smoller with Howard Olinsky’s permission.
Reference
- Status
- Unknown