The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LEON E. SWINDLER CIVIL ACTION
VERSUS CASE NO. 23-837
KILOLO KIJAKAZI, ACTING COMMISSIONER SECTION: “G”
OF SOCIAL SECURITY
ORDER
Before the Court is Plaintiff Leon E. Swindler’s Motion for Attorney’s Fees.1 Plaintiff
requests attorney’s fees in the amount of $4,690.002 pursuant to the provisions of the Equal Access
to Justice Act, 28 U.S.C. § 2412(d). Defendant Kilolo Kijakazi, the Action Commissioner of Social
Security, does not oppose the motion. 3 Accordingly,
IT IS HEREBY ORDERED that Plaintiff Leon E. Swindler is awarded attorney fees
under the Equal Access to Justice Act in the amount of $4,690.00.
Full or partial remittance of the awarded attorney fees will be contingent upon a
determination by the government that Plaintiff owes no qualifying, pre-existing debt(s) to the
government. If such a debt(s) exits, the government will reduce the awarded attorney fees in this
Order to the extent necessary to satisfy such debt(s).
1 Rec. Doc. 17.
2 Plaintiff seeks payment for 26.8 attorney hours of attorney work at the rate of $175 per hour.
3 Rec. Doc. 19.
If the fees are not subject to any offset and an assignment is provided to the Social Security
Administration, the award may be paid directly to the order of Jeff Nicholson, Esquire.* All checks
will be sent care of Plaintiff's attorney Jeff Nicholson, Esquire at P.O. Box 40516, Baton Rouge,
Louisiana 70835.
NEW ORLEANS, LOUISIANA, this 21st of December, 2023.
NANNETTE J 2G ETTE BROWN
CHIEF JUDGE
UNITED STATES DISTRICT COURT
4 See Astrue v. Ratliff, 560 U.S. 586 (2010). “[A] § 2412(d) fees award is payable to the litigant and is
therefore subject to a Government offset to satisfy a pre-existing debt that the litigant owes the United States.” Id. at
589. The Supreme Court recognized that historically the Commissioner paid EAJA fees directly to a prevailing
plaintiff's attorney. Id. at 597 The Court further noted “the Government has since continued the direct payment practice
only in cases where the plaintiff does not owe a debt to the [G]overnment and assigns the right to receive the fees to
the attorney.” Jd. (internal citations and quotation marks omitted).