Clapp v. Social Security Administration

Filing 24

ORDER granting 21 motion for attorney's fees. Mr. Clapp is awarded $4,069.89. Signed by Magistrate Judge Jerome T. Kearney on 9/16/2022. (jak)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
DAVID CLAPP

v.

PLAINTIFF

Case No. 3:21-CV-00227-JTK

KILOLO KIJAKAZI
Acting Commissioner
Social Security Administration

DEFENDANT

ORDER
Pending before the Court is Plaintiff David Clapp’s Motion for Attorney’s Fees pursuant
to the Equal Access to Justice Act (“EAJA”). (Doc. No. 21) Mr. Clapp requests a total of $4,069.89
(which includes $4,047.90 in fees and $21.99 in expenses). (Doc. No. 21) Defendant does not
object to this award. (Doc. No. 23) After careful consideration, the Court finds that Mr. Clapp
should be awarded reasonable attorney’s fees.
EAJA fees are payable to plaintiffs, not plaintiffs’ attorneys, and such fees are subject to
an offset when a plaintiff has outstanding federal debts. See Astrue v. Ratliff, 560 U.S. 586, 589
(2010). Therefore, subject to any offset, payment by check to the order of Mr. Clapp, in care of his
attorney, will issue to his attorney.
Accordingly, the Motion for Attorney’s Fees pursuant to the EAJA (Doc. No. 21) is
GRANTED. Mr. Clapp is awarded $4,069.89.
SO ORDERED THIS 16th day of September, 2022.

____________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE