HANKINS v. SAUL

Filing 19

ORDER For the reasons in the amended joint motion, the Court GRANTS the that motion, dkt. 18 , and awards $7,120 in attorney fees and $400 in costs under the EAJA. Any fees paid belong to Mr. Hankins and not his attorney and can be offset to satisfy any pre-existing debt that the litigant owes the United States. Astrue v. Ratliff, 560 U.S. 586 (2010). The other motions, dkt. 15 and dkt. 17 , are DENIED as superseded (SEE ORDER). Signed by Judge James Patrick Hanlon on 7/15/2021. (DWH)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JOHNATHAN W. HANKINS, ) ) Plaintiff, ) ) v. ) ) KILOLO KIJAKAZI, Acting Commissioner ) of the Social Security Administration, 1 ) ) Defendant. ) No. 1:20-cv-525-JPH-DLP ORDER GRANTING ATTORNEY FEES On June 22, 2021, Plaintiff filed a motion seeking $7,310 in attorney fees and $400 in costs under the Equal Access to Justice Act ("EAJA"). Dkt. 15. On June 29, 2021, the parties filed a joint motion to award Plaintiff $7,120 in attorney fees. Dkt. 17. The parties then filed an amended joint motion on the same day to award Plaintiff $7,120 in attorney fees and $400 in costs under the EAJA, 28 U.S.C. ยง 2412(d). Dkt. 18. For the reasons in the amended joint motion, the Court GRANTS the that motion, dkt. [18], and awards $7,120 in attorney fees and $400 in costs under the EAJA. Any fees paid belong to Mr. Hankins and not his attorney and can be offset to satisfy any pre-existing debt that the litigant owes the United Under Federal Rule of Civil Procedure 25(d), after the removal of Andrew M. Saul from his office as Commissioner of the SSA on July 9, 2021, Kilolo Kijakazi automatically became the Defendant in this case when she was named as the Acting Commissioner of the SSA. 1 1 States. Astrue v. Ratliff, 560 U.S. 586 (2010). The other motions, dkt. [15] and dkt. [17], are DENIED as superseded. SO ORDERED. Date: 7/15/2021 Distribution: Alison T. Schwartz SOCIAL SECURITY ADMINISTRATION alison.schwartz@ssa.gov Julian Clifford Wierenga UNITED STATES ATTORNEY'S OFFICE (Indianapolis) julian.wierenga@usdoj.gov Kirsten Elaine Wold HANKEY LAW OFFICE kew@hankeylaw.com 2

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