UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE

MICHAEL DECASPER, ) ) Plaintiff, ) ) v. ) No.: 3:20-CV-551-TAV-JEM ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. )

ORDER

This civil matter is before the Court on a Report and Recommendation (“R&R”) entered by United States Magistrate Judge Jill E. McCook on January 30, 2023 [Doc. 42]. In the R&R, the magistrate judge recommends that the Court award attorney fees and expenses under the Equal Access to Justice Act (“EAJA”),

(d), consistent with the parties’ joint stipulation. There have been no timely objections to the R&R, and enough time has passed since the filing of the R&R to treat any objections as waived. See

(b)(1); Fed. R. Civ. P. 6(d), 72(b). After careful review of the matter, the Court agrees with the magistrate judge’s recommendations. Accordingly, the Court ACCEPTS and ADOPTS in full the R&R [Doc. 42] pursuant to

(b)(1). It is hereby ORDERED that: 1. Plaintiff is awarded attorney fees and expenses in the amount of $6,137.80, pursuant to the EAJA; 2. In accordance with Astrue v. Ratliff,

(2010), the EAJA fee is payable to Plaintiff as the litigant and may be subject to offset to satisfy a pre-existing debt that the litigant owes to the United States;

3. If Plaintiff owes no debt to the United States, payment of the EAJA fees may be made to Plaintiff’s counsel per the fee assignment [Doc. 37-3, p. 3]; and 4. Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act [Doc. 37] is DENIED without prejudice, pursuant to the parties’ agreement [Doc. 41].

ENTER:

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

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