Sager v. Kijakazi

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________ ANGELA SAGER, Plaintiff, vs. Case No. 3:20-cv-922-DEP KILOLO KIJAKAZI,1 ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. _____________________________________ Consent Order for Payment of Fees under the Equal Access to Justice Act IT IS HEREBY STIPULATED AND AGREED by and between counsel for the Plaintiff, Angela Sager, and counsel for the Defendant, Acting Commissioner of Social Security, that Plaintiff is awarded Six Thousand Four Hundred Thirty Dollars and 25/100 ($6,430.25) in attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. 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. The Court having reviewed the record in this matter;

1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). IT IS on this 1st day of February, 2022; ORDERED that Plaintiff be allowed a fee under the Equal Access to Justice Act in the amount of $6,430.25 in attorney’s fees. Attorney’s fees are payable to the Plaintiff, but if Plaintiff does not owe a debt subject to offset, payable to Plaintiff’s attorney if Plaintiff assigns EAJA to

counsel. The undersigned hereby consent to the form and entry of the within Order. CARLA B. FREEDMAN United States Attorney Dated: January 25, 2022 s/ Rami Vanegas2____ Rami Vanegas Special Assistant United States Attorney Attorney for Defendant Dated: January 25, 2022 s/ Peter Gorton______ Peter Gorton Attorney for Plaintiff Dated: February 1, 2022 SO ORDERED: Syracuse , New York ______________________________ Honorable David E. Peebles United States Magistrate Judge

2 Signed by Peter Gorton with permission of Rami Vanegas