Saranam v. Social Security Administration

Filing 30

ORDER by Magistrate Judge Kevin R. Sweazea granting 29 Motion for Attorney Fees. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SANKARA SARANAM,
Plaintiff,
CIV. NO. 2:17-CV-00820-KRS

v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
ORDER

Upon stipulation by the parties, it is hereby ORDERED that Plaintiff is awarded
$4,759.70 in attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412. Plaintiff is
also awarded a $400.00 reimbursement for the cost of the filing fee, which shall be paid from the
Department of Justice judgment fund. It is further ordered that if, after receiving the Court’s
EAJA fee order, the Commissioner (1) determines that Plaintiff has assigned the EAJA fees to
her attorney (a fee agreement was attached), (2) 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, and (3) agrees to waive the requirements of the Anti-Assignment Act, the fees
will be made payable to Plaintiff’s attorney. However, if there is a debt owned under the
Treasury Offset Program, the Commissioner cannot agree to waive the requirements of the AntiAssignment Act, and the remaining EAJA fees after offset will be paid by a check made out to
Plaintiff but delivered to Plaintiff’s attorney and delivered to:
Sankara Saranam
c/o Daniel S. Jones, Esq.
Law Office of Charles E. Binder and Harry J. Binder
485 Madison Avenue, Suite 501
New York, NY 1022
Kevin R. Sweazea
United States Magistrate Judge