Beeman v. Saul

Filing 20

ORDER granting re 19 Stipulation filed by Kilolo Kijakazi IT IS on this 10th day of May, 2022; ORDERED that Plaintiff be awarded fees and expenses in the amount of $6,750.00, and $402.00 in costs under EAJA, and that the fees are payable to the Plaintiff, but if Plaintiff does not owe a debt subject to offset, payable to Plaintiffs attorney. ORDERED that the within matter is dismissed with prejudice. IT IS SO ORDERED. Signed by Judge David N. Hurd on 5/10/2022. (khr)

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Case 5:21-cv-00667-DNH-CFH Document 20 Filed 05/10/22 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ____________ _________________ KIMBERLY B , ) ) Plaintiff, ) ) Case No. 5:21-cv-00667-DNH-CFH v. ) ) KILOLO KIJAKAZI, ) ACTING COMMISSIONER OF ) SOCIAL SECURITY, ) ELECTRONICALLY FILED ) Defendant. ) Consent Order for Payment of Fees under the Equal Access to Justice Act IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that Plaintiff be awarded attorney fees and expenses under the Equal Access to Justice Act (EAJA) (28 U.S.C. § 2412) in the amount of six-thousand seven hundred and fifty dollars ($6,750.00), and four hundred and two dollars ($402.00) in costs. The award of attorney fees will satisfy all of Plaintiff’s claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this case. Any fees paid belong to Plaintiff and not to his attorney and can be offset to satisfy pre-existing debt that Plaintiff owes the United States. Astrue v. Ratliff, 560 U.S. 586 (2010). After the Court enters this award, if Defendant can verify that Plaintiff owes no preexisting debt subject to offset, Defendant agrees to make the award payable to Plaintiff’s attorney pursuant to the EAJA assignment signed by Plaintiff and counsel. AND, the Court having reviewed the record in this matter; May IT IS on this 10th day of _____________ , 2022; _____ ORDERED that Plaintiff be awarded fees and expenses in the amount of $6,750.00, and $402.00 in costs under EAJA, and that the fees are payable to the Plaintiff, but if Plaintiff does not owe a debt subject to offset, payable to Plaintiff’s attorney. Case 5:21-cv-00667-DNH-CFH Document 20 Filed 05/10/22 Page 2 of 2 ORDERED that the within matter is dismissed with prejudice. ______________________________ HON. DAVID N. HURD 5-10-22 UNITED STATES DISTRICT JUDGE The undersigned hereby consent to the form and entry of the within order. Dated: May 9, 2022 Kilolo Kijakazi, Kimberly B By Her Attorneys, By Her Attorney, Carla B. Freedman, United States Attorney /s/ Jessica Richards Jessica Richards Special Assistant United States Attorney N.D.N.Y. Bar Roll No. 700996 Social Security Administration Office of the General Counsel J.F.K. Federal Building, Room 625 Boston, MA 02203 (617) 565-1833 jessica.richards@ssa.gov 1 /s/ John W. DeHaan 1 John W. DeHaan. Esq. The DeHaan Law Firm, P.C. 300 Rabro Drive East Suite 101 Hauppauge, NY 11788 (631) 582-1200 jdehaan@dehaan-law.com Signed by Attorney Jessica Richards with Attorney John W. DeHaan’s permission, provided via e-mail on May 9, 2022.

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