The federal court has awarded attorney\u2019s fees to a man who sued Social Security for allegedly denying him disability insurance benefits.<\/p>\n
U.S. District Court for the NMI Magistrate Judge Heather L. Kennedy ordered Friday that Matthew John Seman Fejeran be awarded $7,250 in attorney\u2019s fees under the Equal Access to Justice Act, and $400 in costs.<\/p>\n
Kennedy gave the order after the lawyers for Fejeran and SS Commissioner Nancy A. Berryhill agreed to a settlement of Fejeran\u2019s request for attorney\u2019s fees and court cost reimbursement. <\/p>\n
The amount represents compensation for all legal services rendered on behalf of Fejeran by his lawyers, Pamela Brown-Blackburn and Kark E. Osterhout, in connection with Fejeran\u2019s lawsuit. The U.S. Attorney\u2019s Office served as counsel for Berryhill. <\/p>\n
The parties said their stipulation settles Fejeran\u2019s request for attorney fees and is not an admission of liability on the part of Berryhill. <\/p>\n
The payment of the attorney\u2019s fees shall constitute a complete release from and bar to any and claims Fejeran may have relating to attorney fees in connection with his court action.<\/p>\n
Kennedy further ordered that if, after receiving the court\u2019s EAJA fees order, the SS commissioner determines that Fejeran does not owe a debt that is subject to offset under the Treasury Offset Program, the fees will be made payable to Fejeran\u2019s attorney.<\/p>\n
However, Kennedy said, if there is a debt owed under the Treasury Offset Program, the remaining EAJA fees, after offset, will be paid by a check made out to Fejeran but delivered to his attorney.<\/p>\n
The parties agreed that under the statute, EAJA fees awarded by the court belong to Fejeran and are subject to offset under the Treasury Offset Program.<\/p>\n
The parties said the court should therefore order the EAJA fees to his\/her attorney.<\/p>\n
In his lawsuit, Fejeran asked the court to reverse the SS commissioner\u2019s denial of his claim.<\/p>\n
Blackburn said Fejeran has exhausted administrative remedies and that the court has jurisdiction for judicial review.<\/p>\n
Blackburn said then-SS commissioner Carolyn Colvin denied Fejeran\u2019s claim for disability insurance benefits as it was her determination that plaintiff is not disabled under the Social Security Act.<\/p>\n
Blackburn said the denial is not supported by the weight of the evidence, plaintiff\u2019s credibility, and medical opinions of his doctors. <\/p>\n","protected":false},"excerpt":{"rendered":"
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