Vickers v. Commissioner of Social Security

Filing 15

DECISION and ORDER: The Plaintiff's motion for attorney's fees and costs, dkt. # 12 , is hereby GRANTED, as follows: 1. Attorneys fees are awarded to Plaintiff in the amount of $1,006.92, with these fees subject to a Government offset to satisfy any pre-existing debt that the litigant might owe to the United States; 2. Costs are awarded to Plaintiff in the amount of $402. Signed by Chief Judge Brenda K. Sannes on 6/3/2024. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
PERRY VICKERS,
v.

Plaintiff,

1:23-CV-00527

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
________________________________________
BRENDA K. SANNES,
Chief United Sates District Judge
DECISION and ORDER
Before the Court is Plaintiff’s request for an award of attorney’s fees in the
amount of $1,006.92 and costs in the amount of $402 incurred in this appeal of the
Commissioner of Social Security’s denial of Plaintiff’s benefits. See dkt. # 12. Plaintiff
contends he is entitled to attorney’s fees and costs pursuant to the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. § 2412. He contends that he was the prevailing party,
that the government’s litigation position was not substantially justified, that his net
assets are worth less than $2 million, and that the case has ended with a final order.
The Commissioner has no objection to Plaintiff’s request for $1,006.92 in
attorney fees under the EAJA. See dkt. # 13. The Commissioner also has no objection
to Plaintiff’s request for $402.00 in costs. Id. The Commissioner indicates:
Plaintiff has not submitted an assignment of fees or requested that any
awarded EAJA fees be paid to his attorney. See Docket 12. EAJA fees are
“payable to the litigant and [are] subject to a Government offset to satisfy a
pre-existing debt that the litigant owes the United States.” Astrue v. Ratliff,
560 U.S. 586, 589 (2010); see McAlpine v. Astrue, No. 5:10-0817, 2012 WL
1

5183630, at *2 (N.D.N.Y. Oct. 18, 2012) (EAJA fees are payable to the
litigant, not the attorney). If, at the time of the EAJA order, Plaintiff has
agreed to assign any fees to his attorney and does not owe a debt to the
government that is subject to offset, the Commissioner has no objection to
paying fees directly to counsel.
Id.
Because Plaintiff has not submitted an assignment of fees or requested that any
awarded EAJA fees be paid to his attorney, attorney’s fees will be paid directly to
Plaintiff subject to any government offset.
Conclusion
Having examined the parties’ filings including Plaintiff’s counsel’s declaration in
support of the application for attorney’s fees, dkt. # 12-2, the Court finds that the fees
sought are recoverable and reasonable. The Plaintiff’s motion for attorney’s fees and
costs, dkt. # 12, is hereby GRANTED, as follows:
1.

Attorney’s fees are awarded to Plaintiff in the amount of $1,006.92,
with these fees subject to a Government offset to satisfy any preexisting debt that the litigant might owe to the United States;

2.

Costs are awarded to Plaintiff in the amount of $402.

IT IS SO ORDERED.
Dated: June 3, 2024

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