Nieves-Santiago v. Commissioner of Social Security

District Court, D. Puerto Rico

Nieves-Santiago v. Commissioner of Social Security

Trial Court Opinion

1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF PUERTO RICO

3

4 JAVIER OMAR NIEVES-SANTIAGO, 5 6 Plaintiff,

7 v. CIVIL NO. 24-1373 (HRV)

8 MICHELLE KING, Acting Commissioner 9 of Social Security,

10 Defendant. 11

12

13 ORDER

14 Plaintiff Javier Omar Nieves-Santiago (“Nieves-Santiago”) sought review of the 15 decision of the Acting Commissioner of Social Security (“the Commissioner”) denying 16 his application for disability insurance benefits under the Social Security Act. (Docket 17 No. 2). On January 30, 2025, a consent motion requesting remand was filed by the 18 19 Commissioner. (Docket No. 23). On that same date, I granted the motion for remand 20 and entered judgment remanding the action for further administrative proceedings. 21 (Docket Nos. 24, 25). 22 The Commissioner has filed a consent motion for attorney’s fees under the Equal 23 Access to Justice Act (“EAJA”),

28 U.S.C. § 2412

(d). (Docket No. 26). In it, the 24 25 Commissioner informs that the parties agree and stipulate to the payment of $4,500 to 26 the Plaintiff for fees, expenses and costs under EAJA. (Id.). 27 28 1 1 After careful consideration of the request and the record, I find that the agreed- 2 upon award of fees is warranted under the statute and that the amount stipulated is 3 reasonable. Therefore, the consent motion for attorney’s fees under EAJA (Docket No. 4 26) is GRANTED. Plaintiff is awarded the sum of $4,500.00. 5 This award is in full satisfaction of all claims for fees, expenses, and costs, and 6 7 may be paid directly to Plaintiff’s attorney provided that Plaintiff owes no debt to the 8 Federal Government that is subject to offset under the U.S. Treasury Offset Program. See 9 Astrue v. Ratliff,

560 U.S. 586

,

130 S. Ct. 2521

, 171 L. Ed. 2d (2010). 10 IT IS SO ORDERED 11 In San Juan, Puerto Rico this 18th day of February, 2025. 12 13 S/Héctor L. Ramos-Vega HÉCTOR L. RAMOS-VEGA 14 UNITED STATES MAGISTRATE JUDGE

15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Reference

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