McCauley v. Commissioner of Social Security ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION __________________________________ JOMIKA DONNETTE MCCAULEY, Plaintiff, Civil No.: 3:20-cv-13069 Robert H. Cleland United States District Judge Patricia T. Morris United States Magistrate Judge v. Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (West) COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________ Order for Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (West) Before the Court is the Motion of Plaintiff, Jomika Donnette McCauley, for award of attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Based on the pleadings as well as the position of the defendant commissioner, if any, and recognizing the Plaintiff’s waiver of direct payment and assignment of EAJA to her counsel, IT IS HEREBY ORDERED that attorney fees and expenses in the total amount of Six Thousand Two Hundred Twenty-Two Dollars and Twenty-Five Cents ($6,222.25) pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) are awarded to Plaintiff. Astrue v. Ratliff, 130 S.Ct. 2521 (2010). If the U.S. Department of the Treasury determines that Plaintiff’s 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 Plaintiff’s attorney, Howard D. Olinsky. Whether the check is made payable to Plaintiff or to Plaintiff’s attorney, Howard D. Olinsky, the check shall be mailed to the following address: Olinsky Law Office 250 S Clinton St Ste. 210 Syracuse, NY 13202 So ordered. Date: March 10, 2022 _s/Robert H. Cleland Robert H. Cleland United States District Judge [Proposed Order proffer: Howard D. Olinsky; copy to Molly E. Carter]