Bryant v. Saul

Filing 21

ORDER granting 20 Motion for Attorney Fees. IT IS HEREBY ORDERED that Defendant shall pay $9,250.00 in attorney fees under the Equal Access to Justice Act, 28 U.S.C. §2412, as well as $400.00 in filing fee costs. Signed by Magistrate Judge John Johnston on 6/7/2021. (SLL)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
KIMBERLEY N. BRYANT,
NO.: CV-19-055-H-JTJ

Plaintiff,
vs.
ORDER AWARDING EAJA
FEES AND COSTS

ANDREW SAUL, Acting
Commissioner of Social Security
Administration,
Defendant.

Plaintiff Kimberley N. Bryant ("Bryant"), by and through her
attorney, John E. Seidlitz, Jr., moves under the Equal Access to Justice Act
("EAJA"), 28 U.S.C. §2412(d), for attorney fees and costs incurred in prosecuting
her Social Security appeal. She requests $9,250.00 in fees and $400.00 in costs.
Costs are not paid by agency funds, but rather by the Judgment Fund.
Defendant Commissioner of Social Security ("Commissioner") does
not object to Bryant’s application for fees and costs in this amount.
Accordingly, IT IS ORDERED that Defendant shall pay $9,250.00 in
attorney fees under the Equal Access to Justice Act, 28 U.S.C. §2412, as well as
$400.00 in filing fee costs.
IT IS FURTHER ORDERED that if, after receiving the Court’s

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EAJA fee order, the Commissioner (1) determines upon effectuation of the Court’s
EAJA fee order that Plaintiff does not owe a debt that is subject to offset under the
Treasury Offset Program, (2) agrees to waive the requirements of the AntiAssignment Act, and (3) is provided a valid assignment of fees executed by
Plaintiff, the fees will be made payable to Plaintiff’s attorney and mailed to
Plaintiff’s attorney’s office as follows:
Seidlitz Law Office
P.O. Box 1581
Great Falls, MT 59403-1581
However, if there is a debt owned under the Treasury Offset Program, the
Commissioner cannot agree to waive the requirements of the Anti-Assignment Act,
and a check for any remaining EAJA fees after offset will be paid by a check made
out to Plaintiff, but delivered to Plaintiff’s attorney’s office at the address stated
above.
DATED this 7th day of June, 2021.

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