The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHAEL BROWN, )
)
Plaintiff, )
)
v. ) Case No. 1:21-CV-66 PLC
)
KILOLO KIJAKAZI, )
Acting Commissioner of Social Security, )
)
Defendant. )
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Michael Brown’s application for attorney fees
under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. [ECF No. 25] Plaintiff requests
an award of $4,251.00, representing 19.5 hours of attorney work at a rate of $218.00 per hour.
Plaintiff attaches an Affidavit and Assignment of EAJA Fee, in which he assigned any court-
awarded fee to his attorney, Parmele Law Firm, P.C. [ECF No. 25-3] Plaintiff also submits a bill
of costs and requests reimbursement of the filing fee in the amount of $402.00. [ECF No. 26]
Defendant filed a response to Plaintiff’s application for attorney fees, in which she states:
“Defendant has no objection to Plaintiff’s request for attorney fees under the EAJA in the amount
of $4,251.00.” [ECF No. 27 (emphasis in original)] Defendant requests that the Court enter an
order “specifically awarding attorney fees of $4,251.00 to be paid by the Social Security
Administration, and costs of $402.00 to be paid from the Judgment Fund.” [Id. (emphasis in
original)] She notes, however, that any award of attorney fees is subject to offset to satisfy any
preexisting debt Plaintiff owes to the United States. See Astrue v. Ratliff, 560 U.S. 586 (2010).
After careful consideration,
IT IS HEREBY ORDERED that Plaintiff's petition to award attorney fees [ECF No. 25]
is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded EAJA attorney fees in the amount
of $4,251.00, subject to offset for any preexisting debt that the Plaintiff owes to the United States.
After determining whether Plaintiff owes any debt to the United States that is subject to offset,
Defendant is directed to pay the EAJA fees directly to Plaintiff's attorney.
IT IS FINALLY ORDERED that Plaintiff is awarded costs of $402.00, to be paid from
the Judgment Fund administered by the United States Treasury.
plain Eo hp
PATRICIAL.COHEN ———‘is
UNITED STATES MAGISTRATE JUDGE
Dated this 26th day of May, 2022