Laber v. Kijakazi

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION NICHOLAS LABER, 5:23-CV-05078-DW Plaintiff, VS. ORDER GRANTING MOTION FOR COSTS AND EXPENSES AND MARTIN O’MALLEY, COMMISSIONER ATTORNEYS’ FEES AND COSTS OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.

Plaintiff Nicholas Laber filed a 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. 19). 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 $411.75 (comprised of $402 in court filing fees and $9.75 in copying costs) 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 $2,081.25 (comprised of $1,959.75 in attorney’s fees and $121.50 in.state and local sales tax on the attorney’s fees) 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 Nicholas Laber but delivered to Plaintiff's attorney, Michael Simpson, 1600 Mountain View Road, Suite 110, Rapid City, SD 57702.

DATED this 30th day of July, 2024.

BY THE COURT: eles DANETA WOLLMANN United States Magistrate Judge