Rossback v. Social Security Administration, Commissioner of

Filing 18

MEMORANDUM AND ORDER granting 17 MOTION for Attorney Fees Opposed. Under 28 U.S.C. § 2412, plaintiff is granted attorney fees under the EAJA in the amount of $4,738.50. Signed by District Judge Daniel D. Crabtree on 11/18/2022. (kas)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
D.K.R.,
Plaintiff,
v.

Case No. 6:21-CV-01214-DDC

KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.
MEMORANDUM AND ORDER GRANTING PLAINTIFF’S MOTION FOR AN
AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
The court previously remanded this case for further administrative proceedings under
42 U.S.C. § 405(g) (see ECF No. 15). Plaintiff then requested attorney fees under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (ECF No. 17).1 After reviewing the file and
being advised by the parties that they have now agreed to an attorney fee award under the EAJA
in connection with the court-related representation of plaintiff in this Social Security appeal, the
court finds that reimbursement should be made for attorney fees in the amount of $4,738.50.
In accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA attorney fee is
payable to the plaintiff as the litigant and may be subject to offset to satisfy any pre-existing debt
the litigant may owe to the United States. In addition, if plaintiff’s counsel ultimately receives
an award of attorney fees under 42 U.S.C. § 406(b), she must refund the smaller award to
plaintiff under Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

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The title of plaintiff’s motion recites that it is opposed. Doc. 17. But since the filing of the
motion, the parties informally have notified the court that they have stipulated to the requested fee award.

IT IS THEREFORE ORDERED THAT plaintiff’s Motion for An Award of Attorney
Fees (Doc. 17) is granted. Under 28 U.S.C. § 2412, plaintiff is granted attorney fees under the
EAJA in the amount of $4,738.50. The check for attorney fees should be made payable to
plaintiff and mailed to plaintiff’s attorney address.
IT IS SO ORDERED.
Dated this 18th day of November, 2022, at Kansas City, Kansas.
s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge
Approved:
DUSTIN J. SLINKARD
United States Attorney
District of Kansas
s/James L. Burgess
JAMES L. BURGESS
CO Bar #36933
Special Assistant United States Attorney
Office of Program Litigation, Office 6
Office of the General Counsel
Social Security Administration
1961 Stout Street, Suite 4169
Denver, CO 80294-4003
[phone] Telephone
[phone] Facsimile
[e-mail]
s/ Kelsey Young
Kelsey Young
KS Bar #25679
Attorney for Plaintiff
Parmele Law Firm, P.C.
1505 E. Bradford Parkway
Springfield, MO 65804
Phone: [phone] (telephone)
Fax: [phone] (facsimile)
Email: [e-mail]
Attorney for Plaintiff
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