Munro v. O'Malley
Munro v. O'Malley
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK TAMMY L. M., ) Civil Action No. 5:24-cv-00375-DNH-TWD ) Plaintiff ) v. ) ) MARTIN J. O’MALLEY, ) COMMISSIONER OF ) SOCIAL SECURITY, ) Defendant ) Stipulation – Document Filed Electronically 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 two hundred ninety- four dollars and sixty-seven cents ($294.67). 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 Plaintiff’s 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 17th day of June, 2024; ORDERED that Plaintiff be awarded fees under EAJA in the amount of $294.67, 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 dismissed with prejudice. The undersigned hereby consent to the form and entry of the within order. Dated: June 14, 2024 Martin J. O’ Malley, Tammy L. M., Commissioner of Social Security By His Attorneys, By Her Attorney, Carla B. Freedman, United States Attorney /s/ Geoffrey M. Peters /s/Cindy Domingue-Hendrickson Geoffrey M. Peters Cindy Domingue-Hendrickson Special Assistant United States Attorney Legal Aid Society of Mid-NY Inc. N.D.N.Y. Bar Roll No. 701022 120 Bleecker Street Social Security Administration Utica, NY 13501 Office of the General Counsel Tel: 315-793-7033 6401 Security Boulevard Cindy.Hendrickson @ lasmny.org Baltimore, MD 21235 Tel: (212) 264-1298 Geoffrey.Peters @ssa.gov
IT IS SO ORDERED:
David N fHurd U.S. District Judge
06-17-2024 Dated:
Reference
- Status
- Unknown