Case Name in Social Security Case - Unavailable

1:22-cv-00019NddFeb 11, 2025

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Paul Steven Verlinde, 	)
)
Plaintiff, 	) 	ORDER
)
v. 	)
)
Commissioner of Social Security, 	) 	Case No.: 1:22-cv-00019
)
Defendant. 	)
Plaintiff filed a Complaint and Motion for Summary Judgment on January 31, 2022, and
September 29, 2022, respectively. (Doc. Nos. 1 and 14). On December 5, 2022, Defendant filed
an opposing Motion for Summary Judgment. (Doc. No. 18). On October 31, 2024, the Court issued
an order granting in part Plaintiff’s motion and denying Defendant’s motion. (Doc. No. 22).
On January 29, 2025, Plaintiff filed a Motion for Attorney’s Fees Pursuant to the Equal
Justice Act. (Doc. No. 24). He requests an award in the amount of $8,895.25, expenses of $18.39,
and costs of $402.00.
On February 10, 2025, the parties filed a Stipulation regarding the Plaintiff’s motion. (Doc.
No. 27). Therein, the parties stipulated that Plaintiff is awarded $8,450.49 in attorney’s fees and
expenses. They also agree Plaintiff shall be compensated for the filing fee of $402.00 from the
Judgment Fund administered by the United States Treasury.
The EAJA provides that a prevailing party is entitled to an award of fees and expenses in
an action brought by or against the United States “unless the court finds that the position of the
United States was substantially justified or that special circumstances make an award unjust.” 28
U.S.C. § 2412(d)(1)(A). There being no objection from Defendant, the court finds Plaintiff is
eligible to receive an award of attorney’s fees and costs. Accordingly, the Court ADOPTS the
Case 1:22-cv-00019-CRH Document 28 Filed 02/11/25 Page 1 of 2
parties’ stipulation (Doc. No. 27) and finds MOOT Plaintiff’s Motion for Attorney’s Fees. (Doc.
No. 24). The Clerk of Court shall enter judgment for the Plaintiff and against the Defendant for
attorney’s fees and expenses in the amount of $8,450.49. Plaintiff shall also be compensated for
the filing fee of $402.00. These fees and costs shall be payable directly to Plaintiff. They may be
subject to offset to satisfy any pre-existing debt Plaintiff may owe the United States.
IT IS SO ORDERED.
Dated this 11th day of February, 2025.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
Case 1:22-cv-00019-CRH Document 28 Filed 02/11/25 Page 2 of 2

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