Reed v. Commissioner of Social Security

Filing 32

ORDER adopting 31 Stipulation filed by Commissioner of Social Security; deeming moot 27 MOTION for Attorney Fees filed by Barbara Jean Reed. By Magistrate Judge Clare R. Hochhalter. (GW) (Main Document 32 replaced on 3/5/2025 to correct error in document) NEF Regenerated (mf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Barbara Jean Reed,
Plaintiff,
vs.
Commissioner of Social Security,
Defendant.

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ORDER RE ATTORNEY’S FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT
Case No. 1:22-cv-099

Plaintiff initiated this action in June 14, 2022, seeking judicial review of the Commissioner’s
final decision denying her application for disability insurance benefits and Supplemental Security
Income benefits. (Doc. Nos. 1 and 6). Finding that the ALJ’s decision was not supported by
substantial evidence, the court issued an order on November 26, 2024, remanding this matter for
further consideration. (Doc. No. 25).
On February 24, 2025, Plaintiff filed a Motion for Award of Attorneys’ Fees Pursuant to
the Equal Access to Justice Act (EAJA), 28 U.S.C. § 241. (Doc. No. 27). He requests an award of
$8,762.58 in attorney’s fees.
On February 28, 2025, the Parties filed a Joint Stipulation for EAJA Fees. (Doc. No. 31).
Therein they stipulation to an award of $8,324.45 in attorney fees under the EAJA. They further
stipulate that if Plaintiff has no debt registered with the Department of the Treasury subject to offset
that the fees will be made payable to Plaintiff’s attorney.
The EAJA provides that a prevailing party is entitled to an award of fees and expenses in an
action brought by or against the United States “unless the court finds that the position of the United
States was substantially justified or that special circumstances make an award unjust.” 28 U.S.C. §
2412(d)(1)(A). The finds that the Plaintiff is eligible to receive an award of attorney’s fees as
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requested. Accordingly, the Court ADOPTS the Parties’ Joint Stipulation for EAJA Fees. (Doc.
No. 31). The Clerk of Court shall enter judgment for the Plaintiff and against the Defendant for
attorney’s fees in the amount of $8,324.45. These fees shall be payable directly to the Plaintiff.
They may be subject to offset to satisfy any pre-existing debt the Plaintiff may owe the United
States. Plaintiff’s Motion for Attorney’s Fees. (Doc. No. 27) is deemed MOOT.
IT IS SO ORDERED.
Dated this WKGD\RI0DUFK
/s/ Clare R. HochhaOter
Clare R. Hochhalter, Magistrate Judge
United States District Court

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