Tineo v. O'Malley

Filing 24

ORDER granting 21 Motion for Attorney Fees. Upon due consideration, it is ORDERED: 1. Plaintiff is awarded attorney's fees in the amount of $6,250.00, under the EAJA. The payment of attorney's fees and expenses are subject to any offsetting debt owed by the Plaintiff to the United States. Before the Commissioner shall be obligated to pay the EAJA fees and costs, the Commissioner must determine whether Plaintiff owes a debt to the government. In the event the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the Commissioner must then pay the fees and expenses directly to Plaintiff's counsel. 2. Plaintiff is awarded costs in the sum of $405.00, which costs shall be payable from the judgment fund administered by the United States Department of Treasury. 3. The Clerk is directed to terminate as a pending motion, Plaintiff's Motion for Attorney's Fees. (Docket No. 21). (Signed by Magistrate Judge Gary R. Jones on 11/26/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------DIGNA TINEO,
Plaintiff,

ORDER
1:24-cv-01119-GRJ

v.
COMMISSIONER OF SOCIAL
SECURITY,

Defendant.
----------------------------------------------------GARY R. JONES, United States Magistrate Judge:
Pending before the Court is the parties’ Stipulation for Allowance of
Fees under the Equal Access to Justice Act and Costs Under 28 U.S.C. §
1920. (Docket No. 23.) The parties have stipulated that Plaintiff should be
awarded six thousand two hundred and fifty dollars ($6,250.00) in
attorney’s fees under the Equal Access to Justice Act and costs in the
amount of four hundred and five dollars $405.00.
Upon due consideration, it is ORDERED:
1.

Plaintiff is awarded attorney’s fees in the amount of $6,250.00,

under the EAJA. The payment of attorney’s fees and expenses are subject
to any offsetting debt owed by the Plaintiff to the United States. Before the
Commissioner shall be obligated to pay the EAJA fees and costs, the

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Commissioner must determine whether Plaintiff owes a debt to the
government. In the event the United States Department of the Treasury
determines that Plaintiff does not owe a federal debt, the Commissioner
must then pay the fees and expenses directly to Plaintiff’s counsel.
2.

Plaintiff is awarded costs in the sum of $405.00, which costs

shall be payable from the judgment fund administered by the United States
Department of Treasury.
3.

The Clerk is directed to terminate as a pending motion,

Plaintiff’s Motion for Attorney’s Fees. (Docket No. 21)

s/ Gary R. Jones

Dated: November 26, 2024

GARY R. JONES
United States Magistrate Judge

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