Filed: Mar. 07, 2019
Latest Update: Mar. 07, 2019
Summary: ORDER 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.
Summary: ORDER 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..
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ORDER
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 $17.24 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.
