Heller v. Kijakazi
Heller v. Kijakazi
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION
BONNIE MARIE HELLER, 5:23-CV-05026-DW
Plaintiff,
vs. ORDER GRANTING MOTION FOR ATTORNEY FEES KILOLO KIJAKAZI, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION,
Defendant.
Plaintiff Bonnie Marie Heller filed an amended motion for attorney’s fees pursuant to
28 U.S.C. § 2412, the Equal Access to Justice Act (“EAJA”). (Doc. 16). The Defendant does not oppose the request. (Doc. 18). Accordingly, it is ORDERED that Plaintiff’s motion (Doc. 16) is granted. It is further ORDERED that Plaintiff is entitled to costs in the sum of $402 (comprised of $402 in court filing fees) to be paid from the Judgment Fund pursuant to
28 U.S.C. § 1920. It is further ORDERED that Plaintiff is entitled to attorney’s fees in the sum of $6,050.46 pursuant to the Equal Access to Justice Act,
28 U.S.C. § 2412. It is further ORDERED that the Plaintiff is entitled to expenses in the amount of $383.23 (comprised of postage expense of $8.10 and $375.13 in state and local sales tax), pursuant to the Equal Access to Justice Act,
28 U.S.C. § 2412. It is further ORDERED that under Astrue v. Ratliff,
130 S. Ct. 2521, 2528-29(2010), EAJA fees awarded by the court belong to the Plaintiff and are subject to offset under the Treasury Offset Program,
31 U.S.C. § 3716(c)(3)(B) (2006). It is further ORDERED that the EAJA fees shall be paid to Plaintiff Bonnie Marie Heller but delivered to Plaintiff's attorney, Heather Lammers Bogard, PO Box 290, Rapid City, SD 57709. DATED this 5th day of December, 2023. BY THE COURT: Lpithbiblen DANETA WOLLMANN United States Magistrate Judge
Reference
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