(SS) Tabor v. Commissioner of Social Security

Opinion

Jennifer Dunn, Esq. Pro Hac Vice Attorney for Plaintiff BBO No. 667726 Dunn Law, PLLC 890 Winter Street, Suite 230 Waltham, MA 02451 Phone: 781-478-7081 Fax: 781-478-7406 jdunn@dunnlawfirmpllc.com

EASTERN DISTRICT OF CALIFORNIA

) Plaintiff, ) vs. ) Case No.: 2:22-cv-01249-JDP ) ) [PROPOSED] Acting Commissioner of Social ) ORDER FOR ALLOWANCE OF FEES ) UNDER THE EQUAL ACCESS TO JUSTICE Security Administration, ) ACT, 28 U.S.C. § 2412 ) Defendant. ) ____________________________________) Based upon the parties’ Stipulation for Allowance of Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, IT IS ORDERED that Plaintiff shall be awarded attorney fees in the amount of $8,000.00 (eight-thousand dollars and zero cents) under the EAJA, 28 U.S.C. § 2412(d) and $402.00 (four-hundred and two dollars) in costs under 28 U.S.C. § 2412(a), in full satisfaction of any and all claims that may be payable to plaintiff in this matter under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Such award is made in full and final satisfaction (upon payment) of any and all claims under the EAJA for fees, expenses, and costs. Any fees paid belong to Plaintiff and not Plaintiff’s attorney and can be offset to satisfy any pre-existing debt that the litigant owes the United States, Astrue v. Ratliff, 560 U.S. 586 (2010). If ee I III OE II IRI IIE ES IDE SIE IIE

Defendant can verify that Plaintiff does not owe a pre-existing debt to the government subject to the offset, Defendant will direct that the award be made payable to Plaintiffs attorney pursuant to the EAJA assignment duly signed by Plaintiff and counsel. IT IS SO ORDERED.

Dated: _ October 2, 2023 Q_——. JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE