Rusk v. Kijakazi

Filing 21

ORDER re 20 Stipulation, filed by Kelly Marie Rusk. IT IS HEREBY STIPULATED AND AND AGREED that Plaintiff be awarded fees under the Equal Access to Justice Act (EAJA) (28 U.S.C. 2412) in the amount of $8,079.53 for attorney fees and costs in the amount of $0.00. ORDERED that Plaintiff be allowed said award under the Equal Access to Justice Act.. Signed by Senior Judge Frederick J. Scullin, Jr on 6/3/2024. (sbb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-----------------------------------------------------X
KELLY MARIE R.,
:
:
Plaintiff,
:
:
v.
:
:
MARTIN O’MALLEY,
:
Commissioner Social Security,
:
:
:
Defendant.
:
-----------------------------------------------------X

:
CONSENT ORDER AWARDING
ATTORNEY’S FEES UNDER THE
EQUAL ACCESS TO JUSTICE ACT
(EAJA), 28 U.S.C. § 2412(d)

3:23-cv-00858-FJS-TWD

IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the
parties in the above-titled action that Plaintiff be awarded fees under the Equal Access to Justice
Act (EAJA) (28 U.S.C. § 2412) in the amount of $8,079.53 (eight thousand and seventy-nine
dollars and fifty-three cents) for attorney fees, and costs in the amount of $0.00 (zero dollars and
zero cents) pursuant to 28 U.S.C. § 1920. Such award is made in full satisfaction of any claim for
fees, costs, and other expenses pursuant to the EAJA.
It is further agreed that payment of fees will be made directly to Plaintiff’s attorney if
Plaintiff has agreed to transfer his rights to EAJA fees to his attorney, and provided that Plaintiff
owes no debt that is subject to offset under the Treasury Offset Program.

AND, the Court having reviewed this matter,

3rd
IT IS on this _________________
day of __________________________,
20_______;
June
24

ORDERED that Plaintiff be allowed said award under the Equal Access to Justice Act.

_____________________________
Frederick J. Scullin, Jr.
Senior United States District Judge

The undersigned hereby consent to the form and entry of the within order.
CARLA B. FREEDMAN
United States Attorney
Northern District of New York
Attorney for Defendant
By: /s/ Fergus Kaiser
Fergus Kaiser
Special Assistant U.S. Attorney
Northern District of New York
Office of Program Litigation, Office 2
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
[phone]
Email: [e-mail]

LAW OFFICES OF KENNETH HILLER, PLLC
Attorney for Plaintiff
By:

/s/ Justin M. Goldstein
Justin Goldstein
Law Offices of Kenneth Hiller, PLLC
6000 North Bailey Avenue - Suite 1A
Amherst, NY 14226
716-564-3288
Fax: [phone]
Email: [e-mail]

2