Brown v. Commissioner of Social Security Administration

Filing 31

ORDER granting 27 Motion for Attorney Fees. Signed by District Judge Kristi H. Johnson on 11/17/2021. (JBK)

Case 3:20-cv-00075-KHJ-JCG Document 31 Filed 11/17/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
YOLANDA BROWN
v.

PLAINTIFF
CIVIL ACTION NO. 3:20-CV-75-KHJ-JCG

KILOLO KIJAKAZI, Acting
Commissioner of Social Security

DEFENDANT
ORDER

The Court, having reviewed Plaintiff’s Motion for Award of Attorney Fees
under the Equal Access to Justice Act, Plaintiff’s Brief in support thereof, and
Defendant’s Response thereto advising that Plaintiff’s Motion is unopposed, finds
that Plaintiff’s Motion is well taken and should be granted. Accordingly, it is hereby
ORDERED that the Defendant shall pay an attorney’s fee of $4,101.38 under the
Equal Access to Justice Act.
IT IS THEREFORE ORDERED AND ADJUDGED that the Defendant
Commissioner of Social Security shall pay to Plaintiff the sum of $4,101.38 for
attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
This award shall be made payable to Plaintiff, subject to any legitimate offset for
indebtedness owed by the Plaintiff to the United States of America, and delivered to
Plaintiff’s attorney of record. See 31 U.S.C. §§ 3711, 3716; Astrue v. Ratliff, 560 U.S.
586, 593 (2010); Jackson v. Astrue, 705 F.3d 527, 531 n.11 (5th Cir. 2013) (citing

McGraw v. Barnhart, 450 F.3d 493, 503 (10th Cir. 2006). In the event that there is a
debt owed by the Plaintiff under the Treasury Department’s Offset Program prior to

Case 3:20-cv-00075-KHJ-JCG Document 31 Filed 11/17/21 Page 2 of 2

the foregoing award being issued, any remaining EAJA fees, after offset, shall be
paid by check(s) made payable directly to Plaintiff and delivered to Plaintiff’s
attorney of record.
SO ORDERED this the 17th day of November, 2021.
UNITED STATES DISTRICT JUDGE