Suppes v. Commissioner of Social Security, No. 5:2020cv01252 - Document 11 (N.D.N.Y 2022)
Court Description: DECISION and ORDER: Having examined the parties filings and counsels billing records, the Court finds that the fees sought are recoverable and reasonable. The Plaintiffs motion for attorneys fees and costs, dkt. # 9 , is hereby Granted, as follows: Attorneys fees are awarded to Plaintiff in the amount of $962.90; If Plaintiff has no debt registered with the Department of the Treasury subject to offset, the attorneys fees shall be made payable to Plaintiffs attorney; and Costs are awarded to Plaintiff in the amount of $400. Signed by Senior Judge Thomas J. McAvoy on 07/27/2022. (hmr)
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Suppes v. Commissioner of Social Security Doc. 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ SCOTT RAYMOND S. Plaintiff, v. 5:20-CV-1252 (TJM) COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION and ORDER Before the Court is Plaintiff’s request for an award of attorney’s fees in the amount of $962.90 and costs in the amount of $400 incurred in this appeal of the Commissioner of Social Security’s denial of Plaintiff’s benefits. See dkt. # 9. Plaintiff contends he is entitled to attorney’s fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. He contends that he was the prevailing party, that the government’s litigation position was not substantially justified, that his net assets are worth less than $2 million, and that the case has ended with a final order. Plaintiff has waived direct payment and requests that any payment be made to his attorney if the United States does not claim that it is entitled to an offset against the Plaintiff. The government does not object to payment of the requested attorney’s fees directly to Plaintiff’s counsel if, at the time of this Decision and Order, Plaintiff does not owe a debt to the government that is subject to offset. See Dkt. # 10. Separately, the government indicates that it “has no objection to Plaintif f’s 1 Dockets.Justia.com request for $400.00 in costs, to be paid from the Department of the Treasury’s Judgment Fund.” See id. Conclusion Having examined the parties’ filings and counsel’s billing records, the Court finds that the fees sought are recoverable and reasonable. The Plaintiff’s motion for attorney’s fees and costs, dkt. # 9, is hereby GRANTED, as follows: 1. Attorney’s fees are awarded to Plaintiff in the amount of $962.90; 2. If Plaintiff has no debt registered with the Department of the Treasury subject to offset, the attorney’s fees shall be made payable to Plaintiff’s attorney; and 3. Costs are awarded to Plaintiff in the amount of $400. IT IS SO ORDERED Dated: July 27, 2022 2
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