Tarbania v. Commissioner of Social Security

N.D. New York

Tarbania v. Commissioner of Social Security

District Court, N.D. New York·Decided January 18, 2022·No. 6:20-cv-00492·Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

ADAM TARBANIA, Plaintiff, Civil Action No. 6:20-cv-00492-TJM KILOLO KNAKAZI, 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 the undersigned attorneys for the parties in the above-titled action that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA) (28 U.S.C. § 2412) in the amount of four thousand, four hundred two dollars and sixty-seven cents ($4,402.67). 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 her 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.

AND, the Court having reviewed the record in this matter; IT 1S on this |G * day of , 2022; ORDERED that Plaintiff be awardedfiees under EAJA in the amount of $4,402.67, and that the fees are payable to the Plaintiff, but if Plaintiff does not owe a debt subject to offset, payable to Plaintiff's attorney. ORDERED that the within matter is dismissed with prejudice. Ton. THOMAS J. MeAV UNITED STATES DISTRICT COURT

The undersigned hereby consent to the form and entry of the within order. Dated: January 18, 2022 Respectfully Submitted, Kilolo Kijakazi, ‘Adam Tarbania, By Her Attorneys: By His Attorney: CARLA B. FREEDMAN, United States Attorney /s/ Timothy S. Bolen /s/ Howard D. Olinsky' Timothy S. Bolen Howard D. Olinsky, Esq. Special Assistant United States Attorney Bar Roll Number 102297 N.D.N.Y. Bar Roll No. 700988 Olinsky Law Group Social Security Administration 250 S. Clinton St., Suite 210 Office of the General Counsel Syracuse, NY 13202 J.F.K. Federal Building, Room 625 (315) 701-5780 Boston, MA 02203 holinsky@windisability.com (617) 565-2367 timothy.bolen@ssa.gov

' Signed by Timothy Bolen with Howard Olinsky’s permission.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

ADAM TARBANIA, Plaintiff, Civil Action No. 6:20-cv-00492-TJM KILOLO KNAKAZI, 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 the undersigned attorneys for the parties in the above-titled action that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA) (28 U.S.C. § 2412) in the amount of four thousand, four hundred two dollars and sixty-seven cents ($4,402.67). 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 her 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.

AND, the Court having reviewed the record in this matter; IT 1S on this |G * day of , 2022; ORDERED that Plaintiff be awardedfiees under EAJA in the amount of $4,402.67, and that the fees are payable to the Plaintiff, but if Plaintiff does not owe a debt subject to offset, payable to Plaintiff's attorney. ORDERED that the within matter is dismissed with prejudice. Ton. THOMAS J. MeAV UNITED STATES DISTRICT COURT

The undersigned hereby consent to the form and entry of the within order. Dated: January 18, 2022 Respectfully Submitted, Kilolo Kijakazi, ‘Adam Tarbania, By Her Attorneys: By His Attorney: CARLA B. FREEDMAN, United States Attorney /s/ Timothy S. Bolen /s/ Howard D. Olinsky' Timothy S. Bolen Howard D. Olinsky, Esq. Special Assistant United States Attorney Bar Roll Number 102297 N.D.N.Y. Bar Roll No. 700988 Olinsky Law Group Social Security Administration 250 S. Clinton St., Suite 210 Office of the General Counsel Syracuse, NY 13202 J.F.K. Federal Building, Room 625 (315) 701-5780 Boston, MA 02203 holinsky@windisability.com (617) 565-2367 timothy.bolen@ssa.gov

' Signed by Timothy Bolen with Howard Olinsky’s permission.

Tarbania v. Commissioner of Social Security, (N.D.N.Y. 2022).

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