Tereather T. v. O'Malley

DULCE J. FOSTER, United States Magistrate Judge

ORDER

DULCE J. FOSTER, United States Magistrate Judge

This matter is before the Court on Plaintiff's Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act U.S.C. 28 § 2412 (“EAJA”) (“Motion”) (ECF No. 30). Plaintiff seeks an award of attorney's fees in the amount of $5,979.16. (Id.) Defendant does not oppose the Motion or the amount requested. (ECF No. 32.) Finding good cause, the Court GRANTS the Motion as follows:

1. Plaintiff is awarded $5,979.16 for reasonable attorney's fees under the EAJA. The award shall fully and completely satisfy any and all claims for fees, costs, and/or expenses that may have been payable to Plaintiff in this matter pursuant to the EAJA.

2. In accordance with the EAJA and Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA fee award is payable to Plaintiff as the litigant and subject to offset to satisfy any preexisting debts that the litigant may owe to the United States.

3. If, after receiving the Court's EAJA fees order, the Commissioner: (1) determines that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program; and (2) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff's attorney, Jyotsna Asha Sharma.

4. The check issued for payment shall be delivered to Plaintiff's attorney at 250 South Clinton St., Suite 210 Syracuse, NY 13202.

IT IS SO ORDERED.