Darr v. Commissioner Social Security Administration

Filing 29

ORDER: Granting Application for Fees Pursuant to EAJA 27 . Plaintiff is hereby awarded attorney fees, expense, and costs in the total amount of $6,135.71 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Plaintif f is awarded the amount of $6,118.47 for attorney's fees under 28 U.S.C. § 2412(d); and Plaintiff is awarded $17.24 in expenses. Please access entire text by document number hyperlink. Signed by Judge Mark D. Clarke on 03/07/2019. (rsm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

JAMES MICHAEL DARR, JR.,
Plaintiff,

Case No. 3:16-cv-01941-CL
ORDER

v.
NANCY A. BERRYHILL,
Acting Commissioner of Social
Security,
Defendant.

MARK D. CLARKE, Magistrate Judge.
Before the Court is Plaintiffs Motion for Attorney's Fees (#27) pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412. Based on the pleadings as well as the position of the
defendant commissioner, if any, and recognizing the Plaintiffs waiver of direct payment and
assignment of EAJA to her counsel, Plaintiff is hereby awarded attorney fees, expense, and costs
in the total amount of $6,135.71 pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412(d). See Astrue v. Ratliff, 130 S.Ct. 2521 (2010).
The Court hereby awards EAJA fees, broken down as follows:

I. Plaintiff is awarded in the amount of$6,118.47 for attorney's fees under 28 U.S.C. §
2412(d);
2. Plaintiff is awarded $1 7.24 in expenses.

If the U.S. Department of the Treasury determines that Plaintiffs EAJA fees, expenses,
and costs are not subject to offset allowed under the Department of the Treasury's Offset
Program (TOPS), then the check for EAJA fees, expenses, and costs shall be made payable to
Plaintiffs attorney, Howard D. Olinsky.
Whether the check is made payable to Plaintiff or to Howard D. Olinsky, the check shall
be mailed to Mr. Olinsky at the following address:
300 South State Street
Suite 420
Syracuse, NY 13202

IT IS SO ORDERED.

United States Magistrate Judge